Common use of Arbitration Procedure Clause in Contracts

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In (i) Failing settlement under the event of the failure of the parties foregoing procedure any grievance may be submitted to settle a grievance by means of the grievance procedure stated in Article 12, arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned. (ii) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (i) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the date upon which mediator. 12.02 All agreements reached, under the written reply referred to in Article 12 is received from grievance procedure, between the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee representatives of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee Hospital and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision representatives of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall Union will be final and binding upon the EmployerHospital, the Union and the nurse(semployee(s). (i) concerned; The parties may, upon mutual agreement, agree to a sole arbitrator who shall proceed by way of mediation-arbitration. The party making the request shall do so in writing and at the same time, it shall propose the name of a sole arbitrator. Within five (5) calendar days thereafter, the other party shall agree in writing or propose an alternate name(s). If there is no agreement within ten (10) calendar days, the Minister of Labour shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. Once appointed, the sole arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act including the power to impose a settlement and to limit evidence and submissions. (ii) Where the parties do not agree to use a sole arbitrator as provided in (i) above, either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five (5) days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Arbitrator or Minister of Labour for the Arbitration Board Province of Ontario shall not be authorized have the power to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne such appointment upon application thereto by the respective parties incurring such costs, but party invoking the costs of the Arbitrator or of the Chairperson arbitration procedure. The two nominees shall attempt to agree upon a chairperson of the Arbitration Board shall be borne by the parties hereto Board. If they are unsuccessful in equal shares. 1310 For the purposes agreeing upon such a chairperson within a period of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.ten

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute dis- pute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure 26.01 Either one of the parties may, after exhausting the Grievance procedure established by this Agreement, notify in writing the other party of its desire to settle a grievance by means submit the differences or allegations to arbitration, and the notice shall contain the name of the grievance procedure stated in Article 12party's appointee to an Arbitration Board. The recipient of the notice shall, within ten two (102) regular working days, advise the other party of the name of its appointee to the Arbitration Board. 26.02 The two (2) appointees selected shall, within three (3) regular working days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee appointment of the intended Board second of Arbitration. The other party to the dispute shallthem, within seven (7) days after the receipt of such notice, also appoint a nominee and third person who shall be Chairman. If the recipient of the notice fails to appoint a Chairman, or if the two (2) nominees thus appointed shallappointees fail to agree upon a Chairman within the time limit, within ten (10) days thereafter, select a third member who the appointment shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place made by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select of New Brunswick upon the request of either party. 26.03 The Arbitration board shall hear and determine the difference of the allegation and shall issue a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that decision and the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon both parties. 26.04 The decision of a majority shall be the Employerdecision of the Arbitration Board. If there is no majority, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period decision of the layoff, suspension or discharge. 1309 Any Chairman shall govern. 26.05 All costs incurred by either of pertaining to the parties hereto, preceding or during arbitration proceedings, Chairman shall be borne equally by the respective parties incurring such costs, but the both parties. All costs of the Arbitrator or of the Chairperson of pertaining to each party's appointee to the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For party making the purposes of determining lengths of appointment, or on whose behalf the appointment was made. 26.06 Upon mutual agreement, the grievance may be referred to a single arbitrator. 26.07 Any and all time in limits fixed by Article 25 and 26 may be modified by mutual agreement between the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee Employer and the Union. 26.08 If advantage of the provisions of the Grievance or Arbitration procedures is not taken by each party within the time limit specified herein, the matter in dispute shall be deemed to have been abandoned unless the parties otherwise mutually agree. 26.09 The Employer from mutually agreeing to settle a dispute by means other than those described in must notify the grievance and union if there is any preliminary objections within ten (10) days after arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardhave commenced.

Arbitration Procedure. 1301 40.01 In the event a grievance is unresolved after being processed through all of the failure steps of the parties to settle a grievance Grievance Procedure, unless mutually waived or having passed through the various steps by means timely default of the grievance procedure stated in Article 12Employer, then within ten (10) days after the rendering of the date upon which decision at Step 3 or a timely default by the written reply referred to in Article 12 is received from the Human Resources Director or equivalentEmployer at Step 3, the matter aggrieved party may then be referred submit the grievance to arbitration as hereinafter set fortharbitration. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within Within this ten (10) days day period, the parties will meet to mutually agree upon an arbitrator of their own choosing. If such agreement is not reached, the union shall request from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to American Arbitration Association (AAA) a Board list of Arbitration by giving notice to the other party within a further seven (7) days names. Such list of seven (7) names shall be submitted to the parties and the names will be stricken alternately until one name remains who shall be designated as the arbitrator to hear the grievance in question. Either party shall have the right to reject one list and request a second list of seven (7) names of arbitrators, one of whom shall be selected by appointing the alternate strike method as provided in this section. 40.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner, alter the specific terms of this Agreement or to make any award requiring the commission of an act prohibited by law or to make any award that notice itself is contrary to law or violates any of the terms and conditions of this Agreement. 40.03 The arbitrator shall not decide more than one (1) nominee grievance on the same hearing day or series of hearing days, except by the written mutual agreement of the intended Board of Arbitration. parties. 40.04 The other party hearing(s) shall be conducted pursuant to the dispute shall, within seven (7) days after Rules of Voluntary Arbitration of the receipt American Arbitration Association. 40.05 The fees and expenses of such notice, also appoint a nominee the arbitrator and the two (2) nominees thus appointed shallcost of the hearing room, within ten (10) days thereafterif any, select a third member who shall will be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place borne by the party who made losing the original appointment, then grievance. All other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party to party. In the dispute may request event of a "split award", the Minister fees of Labour for Manitoba to select a substitute. 1305 Should the two arbitrator will be divided equally between the parties. 40.06 The arbitrator's decision and award will be in writing and delivered within thirty (2) appointed nominees fail within ten (1030) days to agree upon a Chairperson, from the two (2) nominees shall forward a request to date the Minister of Labour for Manitoba to select a Chairpersonrecord is closed. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board arbitrator shall be final and binding upon the Employerparties. 40.07 The Union agrees to indemnify and hold the Employer harmless against any and all claims, demands, suits or other forms of liability that may arise out of any determination that the Union failed to fairly represent a member of the bargaining unit during the exercise of his rights as provided by the Grievance and Arbitration procedures herein contained. 40.08 Employees who are reasonably necessary to the nurse(s) concerned; however, resolution of the Arbitrator or grievance by providing factual information shall attend the Arbitration Board shall not be authorized to make any decisions inconsistent with arbitration hearing without the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event necessity of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration subpoena and shall be authorized to rule whether or not compensated at the nurse(s) concerned rate of one hour straight time their regular hourly wage. Any request made by either party for the attendance of a witness shall be reinstated and, made in good faith at no time shall the event number of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed employees attending unreasonably effect the difference between salary lost and any wages that may have been earned from employment with another employer during the period normal operations of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardDepartment.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the appropriate Human Resources Director Director, or equivalentdesignate, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an Arbitrator, or proceed as outlined in Article 1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the appropriate Human Resources Director Director, or equivalentdesignate, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole Arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the Arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an Arbitrator, or proceed as outlined in Article 1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole Arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 In (i) Failing settlement under the event of the failure of the parties foregoing procedure, any grievance may be submitted to settle a grievance by means of the grievance procedure stated in Article 12, arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned. (ii) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (i) above, the parties, may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the date upon which mediator. 12.02 All agreements reached, under the written reply referred to in Article 12 is received from grievance procedure, between the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee representatives of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee Hospital and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision representatives of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall Union will be final and binding upon the EmployerHospital, the Union and the nurse(semployee(s). (i) concerned; The parties may, upon mutual agreement, agree to a sole arbitrator who shall proceed by way of mediation-arbitration. The party making the request shall do so in writing and at the same time, it shall propose the name of a sole arbitrator. Within five (5) calendar days thereafter, the other party shall agree in writing or propose an alternate name(s). If there is no agreement within ten (10) calendar days, the Minister of Labour shall have the power to effect such appointment upon application thereto by the party invoking the arbitration procedure. Once appointed, the sole arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act including the power to impose a settlement and to limit evidence and submissions. (ii) Where the parties do not agree to use a sole arbitrator as provided in (i) above, either party requests that any matter be submitted to Arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time appoint a nominee. Within five (5) days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Arbitrator or Minister of Labour for the Arbitration Board Province of Ontario shall not be authorized have the power to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne such appointment upon application thereto by the respective parties incurring such costs, but party invoking the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal sharesarbitration procedure. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.two

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the appropriate Human Resources Director Director, or equivalentdesignate, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the Arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an arbitrator, or proceed as outlined in Article1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole Arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentdesignated senior administrative representative, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties 11.01 When either party to settle this Agreement demands that a grievance by means be submitted for arbitration, they shall make such a demand in writing addressed to the other Party to this Agreement. (a) The arbitration procedure incorporated in this Agreement shall be based on the use of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten selected on a rotating basis from a panel of five (105) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated Arbitrators set out below will be followed. 1303 Either party may submit the matter in dispute to or a Board of Arbitration by giving notice to the other party within a further seven as set out in Article 11.02 (7d): Xxxxxx Xxxxx Xxxxx Xxxxx Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxx (b) days and by appointing in that notice one (1) nominee After selection of the intended Arbitrator from the above noted rotation, the parties, by mutual agreement, may elect to request the Arbitrator “mediate” the dispute in an effort to avoid an arbitration hearing. (c) It is agreed that if the parties are unable to mediate a resolution, then the Mediator will assume the role of Arbitrator and a hearing will be scheduled. (d) The parties by mutual agreement, may agree to establish a Board of ArbitrationArbitration in respect of any grievance submitted for arbitration. The other party to In such a case the dispute shall, within seven (7) days after the receipt of such notice, also parties shall each appoint a nominee to the Board of Arbitrators and the two (2) nominees thus appointed shallChairperson of the Board of Arbitration will be one of the Arbitrators set out in Article 11.02(a). However, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should should either party fail to appoint nominate an Arbitrator arbitrator as herein providedrequired, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba the Province of Ontario shall have power to select effect such appointment upon application thereto by the party invoking Arbitration Procedure. The provisions of Article 11 apply to a substitute. 1305 Should Board of Arbitration. 11.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the two (2) appointed nominees fail within ten (10) days grievance. 11.04 No matter may be submitted to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision arbitration which has not been properly carried through all requisite steps of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Grievance Procedure. 11.05 The Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions in of this Collective Agreement nor to alter, modify, add to or amend any part of this Agreement. 1307 . 11.06 The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence the majority, and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationwhere there is no majority, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period decision of the layoff, suspension Chairperson will be final and binding upon the parties hereto and the employee or discharge. 1309 Any costs incurred by either employees concerned. 11.07 Each of the parties hereto, preceding or during arbitration proceedings, shall be borne by hereto will bear the respective parties incurring such costs, but the costs expense of the Arbitrator or arbitrator appointed by it and the parties will jointly bear the expenses, if any, of the Chairperson of the Arbitration Board Board. 11.08 The party demanding arbitration shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing responsible for informing any third party likely to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any be adversely affected: a) of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to and place of the Agreement shall be given permission sitting of the Board of Arbitration, b) of the matter to be absent from work placed before the Board, and shall not suffer any loss c) of salary as a result. 1313 The Arbitrator shall the right of that third party to be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardpresent and represented.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle 8.01 When either party requests that a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred be submitted to in Article 12 is received from the Human Resources Director or equivalentarbitration, the matter may then request shall be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice writing addressed to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party grievance and shall at the same time name one person as its appointee to the dispute arbitration board. Both Parties to this Agreement agree that any question which has not been settled pursuant to Article 7 above, shall be referred to arbitration. 8.02 The recipient of the notice shall, within seven five (75) working days after the of receipt of such noticesame, also appoint name one person as its appointee to the arbitration board. If the recipient fails to name a nominee and within the five (5) working days, the party requesting arbitration shall apply to the Minister of Labour for the Province of Ontario for the appointment of a nominee. 8.03 The two (2) nominees thus appointed appointees shall, within ten five (105) working days thereafterof the appointment of the latter, select meet or contact each other in an endeavour to agree upon a third member who shall be Chairpersonperson to act as chairperson. 1304 Should either party If the two appointees fail to appoint an Arbitrator as herein providedagree upon a chairperson within the said five (5) working days, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may they shall request the Minister of Labour for Manitoba the Province of Ontario to select appoint a substitutechairperson forthwith. 8.04 The proceedings of the arbitration board shall be expedited by the Employer and the Union. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision majority of the Chairperson in the absence of the majority decision of the Arbitration Board such board shall be final and binding upon the Employerparties. 8.05 No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure. 8.06 Each party shall bear the expenses of its own appointee and its witnesses, the Union and the nurse(s) concerned; however, expenses of the Arbitrator chairperson shall be shared equally by both parties. 8.07 No person may be appointed as an arbitrator who has been involved in any attempt to settle the grievance. 8.08 Nothing in this Agreement or the other subsections of this article shall prevent the parties to this Agreement from agreeing on a single arbitrator to hear and decide any matter which may be referred to arbitration. If the parties agree to the use of a single arbitrator, then the cost of such arbitrator shall be shared equally by the parties. Nothing herein shall be interpreted or construed to prevent the arbitration board from ordering reinstatement in employment with full or partial pay lost by an employee who has been dismissed or suspended. The Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions of this Agreement, not to alter, modify or amend any part of same. 8.09 At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee or employees concerned as witnesses and any other necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties or the arbitration board to have access to any part of the Employer’s premises to view any working conditions which may be relevant to the settlement of the grievance. 8.10 An arbitrator shall have the power to waive formal procedural irregularities in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event processing of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated andprovided such irregularities arose with cause, in order to permit the event of reinstatement, shall also be authorized arbitrator to make an award determine the real matter in terms of compensation for regular salary lost or dispute and to render a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance decision which is required at arbitration hearings related to the Agreement shall be given permission deemed to be absent from work just and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardequitable.

Arbitration Procedure. 1301 In 7.01 Both Parties to this Agreement agree that any dispute or grievance concerning the event interpretation, application or administration or alleged violation of the failure of the parties this Agreement including any question as to settle whether a grievance by means matter is arbitrable which has been properly carried to Step 3 of the grievance procedure stated outlined in Article 12, within ten (10) days of the date upon 6 above and which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then has not been settled will be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten thirty (1030) working days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration at the request of either of the Parties hereto. 7.02 The Board of Arbitration will be composed of one person appointed by giving notice the Board, one person appointed by the Union, and a third person to act as Chairperson chosen by the other party within a further seven (7) days and by appointing in that notice one (1) nominee two members of the intended Board of Arbitration. The other party . 7.03 No person shall be appointed as an arbitrator who has been involved in an attempt to settle the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within grievance or alleged violation. 7.04 Within ten (10) working days thereafterof the request by either party for a Board of Arbitration, select each party shall notify the other of the name of its appointee. 7.05 Should the person chosen by the Board to act on the Board of Arbitration and the person chosen by the Union fail to agree on a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein providedperson within twenty (20) working days of notification mentioned in 7.04 above, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba of the Province of Ontario will be asked to select a substitute. 1305 Should nominate someone as an impartial Chairperson utilizing the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, services of the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the Management Arbitration Commission. 7.06 The decision of the ArbitratorBoard of Arbitration or a majority thereof constituted in the above manner shall be binding upon both Parties. If there is no majority award, or the decision award of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 govern. 7.07 The Board of Arbitration shall determine not make any decision inconsistent with the provisions of this Agreement, nor shall they alter, modify or amend any part of its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period existing provisions. 7.08 Each of the layoff, suspension or discharge. 1309 Any costs incurred by either of Parties to this Agreement will bear the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs expenses of the Arbitrator or appointed by it; and the Parties will jointly bear the expenses of the Chairperson of proceedings including the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardChairperson.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle 9.01 If either party requests that a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred submitted to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined request shall be in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice writing addressed to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended grievance and shall contain the name of the party's Nominee to the Board of Arbitration. The other party to the dispute shall, agreement shall within seven ten (710) days after thereafter nominate its member to the receipt Board of such notice, also appoint a nominee Arbitration and the two (2) nominees thus appointed shall, so nominated shall endeavour within the ten (10) days after their appointment to agree upon a third person to act as Chairperson of the Board of Arbitration. If the parties are unable to agree upon a third person within ten (10) days thereafter, select after their appointment then a third member who person shall be Chairperson. 1304 Should either party fail appointed by the Office of Arbitration of the Ministry of Labour of the Province of Ontario. 9.02 No matter may be submitted to appoint arbitration which has not been properly carried through all previous steps of the Grievance Procedure within the time limits in the manner provided. 9.03 No person may be appointed as an Arbitrator as herein providedwho has been involved in an attempt to negotiate or settle the grievance. 9.04 Each of the parties shall pay the expense of their own Nominee and one-half of the fees and the expenses, if any, of the Chairperson. 9.05 The decision of any Board of Arbitration shall be consistent with the terms and provisions of this Agreement and shall not amend, alter or if add to any Arbitrator thus appointed should fail or provision(s) of this Agreement. 9.06 Proceedings before the Arbitrators shall be unable to serve and another Arbitrator not be appointed in her/his place expedited by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substituteparties hereto. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision Board of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized on both parties to make any decisions inconsistent with the provisions this Agreement. 9.07 Nothing in this Collective Agreement. 1307 The Board of Arbitration Agreement shall determine its own procedure but shall give full opportunity to all prevent the parties to present evidence this Agreement from agreeing on a single Arbitrator to hear and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being decide any matter which may be referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of If the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related agree to the Agreement shall be given permission to be absent from work and shall not suffer any loss use of salary as a result. 1313 The single Arbitrator then the cost of such Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardshare equally by the parties.

Arbitration Procedure. 1301 16.01 In the event that Arbitration of the failure of the parties to settle a grievance by means of which has been properly processed through the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached desired by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 aboveeither party, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing shall be notified in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within writing not later than seven (7) days after the receipt completion of such noticeStep III. Such notice shall contain the name of the appointee to a Board of Arbitration named by the party invoking Arbitration. It is understood that any question as to whether a matter is arbitrable may also become the subject for Arbitration. The recipient of the notice shall, also within five (5) days, advise the other party of the name of its appointee to the Board of Arbitration. The two (2) appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a nominee and third person who shall be the Chairperson. If the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party appointees fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by agree upon a Chairperson within the party who made the original appointment, then the other party to the dispute may request time limit the Minister of Labour for Manitoba to select a substitute. 1305 Should of the two (2) appointed nominees fail within ten (10) days to agree Province of Ontario, upon a Chairpersonthe request of either party, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a appoint an impartial Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the The majority decision of the Arbitration Board board of arbitration shall be final and binding upon the Employer, the Union parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make upon any decisions inconsistent with the provisions in this Collective Agreement. 1307 nurse affected by it. 16.02 The Board of Arbitration shall determine its own procedure but shall give full opportunity not have jurisdiction or authority to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension alter or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, modify any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoffprovisions of this Agreement, suspension or discharge. 1309 Any costs incurred by either to substitute any new provision in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. 16.03 Each of the parties hereto, preceding or during arbitration proceedings, shall be borne by hereto will bear the respective parties incurring such costs, but the costs expenses of the Arbitrator or appointed by it, and the parties will equally share the expenses of the Chairperson Chairperson. 16.04 A claim by a nurse who has acquired seniority standing that she/he has been discharged without reasonable cause from the employ shall be treated as a grievance if a written statement of such grievance is lodged with the Medical Officer of Health within five (5) working days after the nurse ceases to be employed by the Employer. Such special grievance shall commence at Step II of the Arbitration Board shall grievance procedure, and may be borne settled by confirming the parties hereto Employer's action in equal shares. 1310 For dismissing the purposes of determining lengths of time nurse, or by any other arrangement which is just and equitable in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any opinion of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss conferring parties or, if necessary, a Board of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardArbitration.

Arbitration Procedure. 1301 In 26.01 The Joint Conference Board on a majority vote shall determine the event validity of a dispute or grievance. If the grievance or dispute is declared valid and either party refuses to appoint a member to the Arbitration Board, the party requesting arbitration shall be authorized by the Joint Conference Board by letter to apply to the Minister of Labour for the appointment of a member to the Arbitration Board on behalf of the failure other party. 26.02 Either party desiring arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment and particulars of the parties matters in dispute. Nothing contained in this Clause shall preclude the right of any signer to settle this Agreement to proceed to arbitration. 26.03 The party receiving the notice shall within five (5) days thereafter appoint a grievance by means member for the Board and notify the other party of its appointment. 26.04 The two (2) Arbitrators so appointed shall confer to select a third party to be Chairman and failing for three (3) days from the appointment of the grievance procedure stated in Article 12second of them to agree upon a person willing to act, within ten (10) days either of them may apply to the Honourable Minister of Labour to appoint such third person. 26.05 The Arbitration Board shall sit, hear the parties, settle the term of the date upon which the written reply referred question or questions to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrated and make its award within ten (10) days from the time date of the appointment of the Chairman, provided that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will time may be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration extended by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee agreement of the intended parties. 26.06 The Board shall deliver its award in writing to each of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee parties and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence award of the majority decision of the Arbitration Board shall be the award of the Board and it shall be final and binding upon the Employer, the Union parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board they shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration carry it out forthwith. 26.07 Each party shall determine pay its own procedure but shall give full opportunity to all parties to present evidence cost and make representations. 1308 In the event expense of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board remuneration and disbursement of Arbitration its Minister of Labour (in compliance with Section 26.01 of this Clause) shall be authorized to rule whether or not paid by the nurse(sparty the said appointee is representing. One-half (½) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either Chairman and of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson stenographer and other expenses of the Arbitration Board shall be borne paid by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardeach party.

Arbitration Procedure. 1301 In the event of the failure 26.1 Either one of the parties may, after exhausting the Grievance procedure established by this Agreement, notify in writing the other party of its desire to settle a grievance by means submit the differences or allegations to arbitration, and the notice shall contain the name of the grievance procedure stated in Article 12party's appointee to an Arbitration Board. The recipient of the notice shall, within ten two (102) regular working days, advise the other party of the name of its appointee to the Arbitration Board. 26.2 The two (2) appointees selected shall, within three (3) regular working days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee appointment of the intended Board second of Arbitration. The other party to the dispute shallthem, within seven (7) days after the receipt of such notice, also appoint a nominee and third person who shall be Chairman. If the recipient of the notice fails to appoint a Chairman, or if the two (2) nominees thus appointed shallappointees fail to agree upon a Chairman within the time limit, within ten (10) days thereafter, select a third member who the appointment shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place made by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select of New Brunswick upon the request of either party. 26.3 The Arbitration board shall hear and determine the difference of the allegation and shall issue a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that decision and the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon both parties. 26.4 The decision of a majority shall be the Employerdecision of the Arbitration Board. If there is no majority, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period decision of the layoff, suspension or discharge. 1309 Any Chairman shall govern. 26.5 All costs incurred by either of pertaining to the parties hereto, preceding or during arbitration proceedings, Chairman shall be borne equally by the respective parties incurring such costs, but the both parties. All costs of the Arbitrator or of the Chairperson of pertaining to each party's appointee to the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For party making the purposes of determining lengths of appointment, or on whose behalf the appointment was made. 26.6 Upon mutual agreement, the grievance may be referred to a single arbitrator. 26.7 Any and all time in limits fixed by Article 24 and 25 may be modified by mutual agreement between the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee Employer and the Union. 26.8 If advantage of the provisions of the Grievance or Arbitration procedures is not taken by each party within the time limit specified herein, the matter in dispute shall be deemed to have been abandoned unless the parties otherwise mutually agree. 26.9 The Employer from mutually agreeing to settle a dispute by means other than those described in must notify the grievance and union if there is any preliminary objections within ten (10) days after arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardhave commenced.

Arbitration Procedure. 1301 In the event of the failure of 11.01 All differences between the parties to settle this agreement relating to the interpretation, application, administration or alleged violation of the provisions of this agreement, including any question as to whether a matter is arbitrable, may be settled in a final binding manner by arbitration in accordance with the following procedure: 11.02 When either the Employer or the Union requests that a grievance by means of be submitted to arbitration, such request will be in writing addressed to the grievance procedure stated in Article 12, within other party not more than ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) working days after the date of the decision rendered by the Employer at Step 3 on an individual, group or union grievance or the decision rendered by the Union on an Employer Grievance. (a) The written notice shall either request a sole arbitrator be appointed or, if preferred, nominating the party’s representative (“Nominee”) to a three person board of arbitration. (b) If the party requests a sole arbitrator, the responding party will advise in writing whether it will agree to the grievance being heard by a sole arbitrator within five (5) working days after receipt of such notice, also appoint a nominee and the two . Within five (2) nominees thus appointed shall, within ten (105) days thereafterof receiving a rejection of a request that the grievance be heard by a sole arbitrator, select the party referring the grievance to arbitration shall appoint their Nominee to the three person board. (c) If the grievance is to be heard by a third member who shall be Chairpersonsole arbitrator, the parties will mutually agree upon a sole arbitrator. 1304 Should the parties fail to agree upon an arbitrator within twenty (20) days of notification of agreement to have the grievance heard by a sole arbitrator, either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the that Minister of Labour for Manitoba the Province of Ontario shall appoint one. The parties may agree to select extend the time frame for agreeing to an arbitrator before requesting an appointment from the Ministry of Labour. (d) Where either of the parties prefers a substitute. 1305 Should three party board of arbitration, the two responding party shall nominate and appoint their Nominee for the three person board within five (2) appointed nominees fail within ten (105) days of receiving notice of the other party’s Nominee. The two Nominees shall attempt to agree upon a Chairperson, an Arbitrator and failing such agreement either party may request the two (2) nominees shall forward a request to the Ontario Minister of Labour for Manitoba to select appoint an arbitrator. 11.03 Should the three person board of arbitration not arrive at a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that majority decision, the decision of the Arbitrator, or Chair shall become the decision of the Chairperson in board, and the absence of the majority decision of the Arbitration Board board shall be final and binding upon on both the Employer, the Union Employer and the nurse(s) concerned; Union. 11.04 The board of arbitration shall not have any jurisdiction or authority to alter or change any of the provisions of this agreement, nor to substitute any new provision for any existing provision, nor to give any decision inconsistent with the terms and provisions of this agreement, nor to deal with any matter not covered by this agreement. In cases involving discharge or suspension, however, the Arbitrator board may uphold the Employer's action in discharging or suspending, or may order reinstatement of the Arbitration Board shall not be authorized to make any decisions inconsistent discharged or suspended employee with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoffcompensation for time lost, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated andmay issue such other decision within these limits which, in the event of reinstatementboard's opinion, shall also is just and equitable in the circumstances. 11.05 No person may be authorized appointed as an arbitrator who has been involved in an attempt to make an award in terms of compensation for regular salary lost negotiate or a reasonable alternate award, however, any monetary award shall settle the grievance. 11.06 No matter may be submitted to arbitration which has not exceed been processed through all the difference between salary lost and any wages that may have been earned from employment with another employer during the period steps of the layoffgrievance procedure as heretofore set out, suspension or discharge. 1309 Any costs incurred by either unless otherwise mutually agreed upon in writing between the parties. 11.07 Each of the parties heretowill bear the expense of their Nominee, preceding or during arbitration proceedings, shall be borne by and the respective parties incurring such costs, but will jointly and equally share the costs expenses of the Arbitrator or Chair of the Chairperson arbitration board. 11.08 The time limits herein specified may be extended by mutual agreement of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardwriting.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the appropriate Human Resources Director Director, or equivalentdesignate, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the arbitrators named or propose others. Where the parties are unable to agree on the choice of a single arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an arbitrator, or proceed as outlined in 1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 1207 is received from the Human Resources Provincial Director or equivalentDesignate, the matter may then be referred to arbitration by the Union or the Employer as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole Arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the Arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an Arbitrator or proceed as outlined in Article1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole Arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees Arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees Arbitrators shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationArbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration Arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required by the Employer at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Nurses whose attendance is required by the Union at arbitration hearings related to the Agreement shall be given permission to be absent from work without pay. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of the Arbitration award. 1314 In the interest of settling a grievance prior to an arbitration awardhearing and providing the parties mutually agree, the assistance of a grievance mediator may be requested from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties.

Arbitration Procedure. 1301 ‌ 38:01 In the event of the failure of the parties to settle that a grievance by means of is not settled through the grievance procedure stated to the satisfaction of both parties, such matter shall be the subject of Arbitration in Article 12accordance with the provisions set out hereunder. 38:02 The procedure for arbitrating grievance shall be the procedure as set forth below: (a) Either party, within ten (10) working days of receipt of a final decision by the date upon which other party, may given notice of its intention to refer the written reply dispute to arbitration. (b) Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Article 12 is received from (a) above shall so state. (i) Where the Human Resources Director or equivalentparty who receives the notice accepts the request for a single arbitrator, the matter may then be referred parties will attempt to arbitration as hereinafter set forth. 1302 If mutual reach agreement is not reached by both parties to choose on the selection of a single Arbitrator arbitrator within ten (10) days from working days. (ii) Where the time that party who receives the matter is referred notice rejects the request for a single arbitrator or where the parties have failed to reach agreement on the selection of a single arbitrator within ten (10) working days, the party initiating the arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party proceedings may submit the matter name of its appointee to the Board in dispute accordance with Article 38:02(c) within ten (10) working days. (iii) Where the parties have agreed to a Board single arbitrator, the single arbitrator shall be considered to be an arbitration board for purposes of this Article. (c) Where the party initiating the arbitration proceedings wishes to request arbitration by a three (3) person board, the notice referred to in sub- section (a) above shall contain the name of the first party’s appointee to the Arbitration by giving Board. 38:03 The party receiving such notice to shall within ten (10) working days notify the other party of its appointee to the Arbitration Board. 38:04 The two (2) appointees so selected shall within a further seven fifteen (715) working days meet and by appointing in that notice one (1) nominee name the neutral third member who shall be the Chairman of the intended Board of Arbitration. The other party Board. 38:05 In the event the Corporation fails to the dispute shallname an appointee, within seven (7) days after the receipt of such notice, also appoint a nominee and or if the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party appointees fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a ChairpersonChairman within the applicable time limits, then at the request of either party, the two (2appointment(s) nominees shall forward a request to be made by the Minister of Labour for Manitoba to select Labour. 38:06 After the Arbitration Board has been formed by the foregoing procedure, it shall meet and hear the evidence of both sides, and render a Chairpersondecision after completion of the hearing. 1306 It is mutually agreed by both parties to this Collective Agreement that The decision of the majority shall be the decision of the ArbitratorBoard. Where there is no majority decision, or the decision of the Chairperson in Chairman shall be the absence of the majority decision of the Arbitration Board. The decision of the Board shall be final final, binding and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the enforceable on all parties. 38:07 The Arbitration Board shall not be authorized empowered to make change by its decision any decisions inconsistent with the provisions in of this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity Agreement or to all parties to present evidence and make representations. 1308 In the event set provisions of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, new Agreement. 38:08 The parties shall each be responsible for the Arbitrator or Board fees and expenses of Arbitration their appointee. The fees and expenses of the Chairman shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne shared equally by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardparties.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 1207 is received from the Human Resources Provincial Director or equivalentDesignate, the matter may then be referred to arbitration by the Union or the Employer as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board board of Arbitration arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board board of Arbitrationarbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees members thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator arbitrator as herein provided, or if any Arbitrator arbitrator thus appointed should fail or be unable to serve and another Arbitrator arbitrator not be appointed in herhis/his her place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board board of Arbitration arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator arbitrator or Board board of Arbitration arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator arbitrator or of the Chairperson of the Arbitration Board arbitration board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required by the Employer at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Nurses whose attendance is required by the Union at arbitration hearings related to the Agreement shall be given permission to be absent from work without pay. 1313 The Arbitrator or Arbitration Board shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic disk version of the decision of the Arbitrator or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board. 1314 In the interest of settling a grievance prior to an arbitration awardhearing and providing the parties mutually agree, the assistance of a grievance mediator may be requested from the Province of Manitoba Conciliation and Mediation Services, Department of Labour. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties.

Arbitration Procedure. 1301 In 9.01 Failing settlement under the event foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of the failure of the parties Agreement, including any question as to settle whether a matter is arbitrable, such grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred submitted to arbitration as hereinafter set forthprovided. 1302 If mutual agreement no written request for arbitration is not reached by both parties received within 30 days after the decision under Step 3 is given, the grievance shall be deemed to choose a single Arbitrator within ten (10) days from the time have been abandoned. 9.02 When either party requests that the any matter is referred be submitted to arbitration as defined provided in 1301 abovethe foregoing paragraphs, then the procedure stated below will be followed. 1303 Either party may submit the matter it shall make such request in dispute to a Board of Arbitration by giving notice writing addressed to the other party within a further seven (7) days to this Agreement and by appointing in that notice one (1) nominee of shall at the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also same time appoint a nominee and the two (2) nominees thus appointed shall, within nominee. Within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should shall appoint his nominee and the two (2) appointed nominees fail shall agree upon a third person to act as Sole Arbitrator. If the two nominees are unable to agree upon a third person within ten (10) days to agree upon after the appointment of second nominee, then a Chairperson, the two (2) nominees third person shall forward a request to be appointed by the Minister of Labour for Manitoba upon the request of either party. 9.03 No matter may be submitted to select arbitration which has not been properly carried through all requisite steps of the grievance procedure within the time limits herein set out. 9.04 No person may be appointed as a Chairpersonnominee or arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.05 Each of the parties hereto will bear the expenses of the nominee appointed by it and the parties will share equally the expenses of the Sole Arbitrator. 1306 It is mutually agreed The proceedings of the Sole Arbitrator will be expedited by both the parties to this Collective Agreement that hereto, and the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall Sole Arbitrator will be final and binding upon the Employer, the Union parties and the nurse(s) employee or employees concerned; however, the . 9.06 The Sole Arbitrator or the Arbitration Board shall not be authorized to make any decisions a decision inconsistent with the provisions in of this Collective Agreement nor to alter, modify, add to or amend any part of this Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the appropriate Human Resources Director Director, or equivalentdesignate, the matter may then be referred to arbitration Arbitration as hereinafter set forth. 1302 A referral for Arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for Arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to Arbitration of the acceptance of one of the arbitrators named or propose others. Where the parties are unable to agree on the choice of a single arbitrator, the party who referred the matter to Arbitration may make application to the Manitoba Labour Board to select an arbitrator, or proceed as outlined in Article 1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to Arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationArbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration Arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration Arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration Arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an arbitration the Arbitration award.

Arbitration Procedure. 1301 In (a) Any grievance or difference involving the event alleged unjust suspension, or dismissal or demotion of an employee, or the interpretation, or alleged violation of any of the failure provisions of this Agreement occurring during the term of this Agreement. (b) Any particular grievance or difference not included in the preceding subparagraph a., by mutual agreement of the parties hereto. 19.02 In order to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentbe timely filed for arbitration, the matter may then must be referred submitted to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator the Federal Mediation and Conciliation Service within ten sixty (1060) days from the time that date the matter is referred Company notifies the Union it has received its appeal to arbitration as defined arbitration, otherwise, the grievance will automatically be deemed resolved in 1301 above, then the procedure stated below will be followed. 1303 Company’s favor. (a) Either party may submit request the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee Director of the intended Board of Arbitration. The other party Federal Mediation and Conciliation Service to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and submit to the two (2) nominees thus appointed shallmember Board, a list of seven (7) Arbitrators, from the National Academy of Arbitrators. After receiving the list of arbitrators, and within ten thirty (1030) days thereafterof its receipt, select a third member who an arbitrator shall be Chairpersonselected. 1304 Should either The Company member and the Union member shall each have the right to strike three (3) names from such list. The parties shall alternate in striking the names; the representative of the aggrieved party fail to appoint an Arbitrator as herein providedexercising the first strike. The person whose name remains on the list shall be designated the Arbitrator; (b) Either party may reject one arbitration panel, or if any Arbitrator thus appointed should fail or be unable to serve provided it does so within 10 business days, immediately submits a request for a new panel with the FMCS, and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then notifies the other party. The requesting party to will pay the dispute may request cost of the Minister of Labour for Manitoba to select a substitute. 1305 Should the two new panel. (2c) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision which shall contain a statement of the Chairperson in grounds upon which the absence of the majority decision of the Arbitration Board issue or issues have been decided, shall be final and binding upon each of the Employerparties hereto and they will abide thereby. 19.03 The Arbitrator to be appointed in accordance with the foregoing provisions shall have no power to alter, amend, annul, or disregard any of the Union and terms or provisions of this Agreement. 19.04 This arbitration procedure shall be expeditiously pursued by all concerned. Where the nurse(s) concerned; howeverissue submitted to arbitration involves the payment of money to an employee, the Arbitrator or shall have the Arbitration Board shall not be authorized authority to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, include in the event award a direction for the payment of reinstatementmoney, shall also retroactively or otherwise, limited to making the employee whole and no more, for a maximum of 18 months (plus any time that the processing of the arbitration was delayed at the specific request of the Company). With respect to wages "make whole" means reimbursing the individual for the basic wages they would have made if employment had been continuous at the employee’s regular straight-time wage rate and not including overtime or other premium payments or interest. Deductions must be authorized to make an award in terms of made for interim earnings, Unemployment Compensation, other monetary compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall which the employee would not exceed the difference between salary lost and any wages that may have been earned from employment with another employer eligible for had the employee not been suspended or discharged during that period. It is understood the period of Company shall assume no backpay liability for delays at the layoff, suspension or discharge. 1309 Any costs incurred specific request by either the Union in which the Company concurs. 19.05 Each of the parties heretoshall bear the expense of its own representatives and witnesses and the parties hereto shall jointly bear any general expenses of the Arbitration, preceding or including the expense of providing the Arbitrator. 19.06 The time limits specified in any of the foregoing procedures may be extended by mutual agreement of the parties hereto expressed in writing. 19.07 No employee shall be paid by the Company for any time lost while acting on behalf of the Union during arbitration proceedings, shall be borne by the respective parties incurring such costs. 19.08 The Arbitrator will give his decision within thirty (30) days after receiving briefs from both sides if any. 19.09 The Company and Union agree to establish a Grievance Mediation process, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall process may be borne cancelled by the parties hereto in equal shares. 1310 For the purposes of determining lengths of either party at any time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard thirty (paper30) copy as well as a disk/electronic version of an arbitration awarddays’ written notice.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the appropriate Human Resources Director Director, or equivalentdesignate, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the arbitrators named or propose others. Where the parties are unable to agree on the choice of a single arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an arbitrator, or proceed as outlined in Article 1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Administrator/Director or equivalentof Care, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in clause 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of to the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Collective Agreement shall be given permission to be absent from work and shall not suffer any loss of regular salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an arbitration award.

Arbitration Procedure. 1301 In 15.1 Any disput e or grievance concerning the event interpretation or alleged violation of the failure of the parties this Agreement including any quest ion as to settle w hether a grievance by means of matter is arbitrable w hich having passed through the grievance procedure stated outlined in Article 1214 st ill remains unresolved, within ten (10) days may be submit xxx to arbitration. Eit her Party to the Agreement desirous of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board exercising this provision shall give notice of Arbitration by giving notice intention to the other party within a further seven (7) days Party and by appointing in that notice one (1) nominee of at the intended same t ime appoint its member to the Board of Arbitration. The other party to the dispute Party shall, within w ithin a period of seven (7) days after w orking days, appoint its member to the receipt Board of such notice, also appoint a nominee and the two (2) nominees Arbitration. The tw o members thus appointed shall, within shall confer jointly in an endeavour to select a third member w ho shall be the Chair of the Board. The Parties may mutually agree to use a single arbitrator in lieu of a Board. 15.2 If w ithin ten (10) w orking days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two tw o (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonmembers have not reached agreement, the two (2) nominees matter shall forward a request be referred to the Minister of Labour for Manitoba to select of the Province of Ontario w ho shall appoint a ChairpersonChair. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision Board of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding on both Parties to the Agreement as w ell as upon the Employer, employee or employees involved in the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 dispute. 15.3 The Board of Arbitration or single Arbitrator shall determine not have any pow er to alter or change any provision in this Agreement or to substitute any new provision for an existing provision nor to render any decision inconsistent w ith the terms and content of this Agreement. 15.4 Each Party shall bear the expenses of its own procedure but ow n member and shall give full opportunity to bear equally the expense of the Chair or the single Arbit rator and all parties to present evidence and make representations. 1308 other expenses of the arbitration. 15.5 In the event case of a grievance alleging unjust layoffan employee w ho has been found to be unjustly suspended or discharged, suspension or discharge being referred to arbitrationhe/she shall be reinstated and have all rights and benefits restored. 15.6 Nevert heless, in any sit uation w here the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation single Arbitrator determines that there is cause for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoffdiscipline, suspension or discharge. 1309 Any costs incurred by either of , it shall have the parties hereto, preceding or during arbitration proceedings, shall be borne pow er to modify any penalty imposed by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time Employer and to take w hatever other action is just and equitable in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardcircumst ances.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentdesignated senior administrative representative, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute dis- pute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In To initiate arbitration, either the event Company or the Reinsurer shall notify the other party in writing of its desire to arbitrate, stating the failure nature of its dispute and the parties remedy sought. The party to settle a grievance by means of which the grievance procedure stated notice is sent shall respond to the notification in Article 12, writing within ten (10) days of its receipt. The arbitration hearing shall be before a panel of three arbitrators, each of whom must be a present or former officer of a life insurance company. An arbitrator may not be a present or former officer, attorney, or consultant of the Company or the Reinsurer or either’s affiliates. The Company and the Reinsurer shall each name five (5) candidates to serve as an arbitrator. The Company and the Reinsurer shall each choose one candidate from the other party’s list, and these two candidates shall serve as the first two arbitrators. If one or more candidates so chosen shall decline to serve as an arbitrator, the party which named such candidate shall add an additional candidate to its list, and the other party shall again choose one candidate from the list. This process shall continue until two arbitrators have been chosen and have accepted. The Company and the Reinsurer shall each present their initial lists of five (5) candidates by written notification to the other party within twenty-five (25) days of the date upon of mailing of the notification initiating the arbitration. Any subsequent additions to the list which are required shall be presented within twenty (20) days of the written reply referred date the naming party receives notice that a candidate that has been chosen declines to in Article 12 is received serve. The two arbitrators shall then select the third arbitrator from the Human Resources Director or equivalenteight (8) candidates remaining on the lists of the Company and the Reinsurer within fourteen (14) days of the accept of their positions as arbitrators. If the two arbitrators cannot agree on the choice of a third then this choice shall be referred back to the Company and the Reinsurer. The Company and the Reinsurer shall take turns striking the name of one of the remaining candidates from the initial eight (8) candidates until only one candidate remains. If the candidate so chosen shall decline to serve as the third arbitrator, the matter may then candidate whose name was stricken last shall be referred nominated as the third arbitrator. This process shall continue until a candidate has been chosen and has accepted. This candidate shall serve as the third arbitrator. The first turn at striking the name of a candidate shall belong to arbitration the party that is responding to the other party’s initiation of the arbitration. Once chosen, the arbitrators are empowered to decide all substantive and procedural issues by a majority of votes. It is agreed that each of the three arbitrators should be impartial regarding the dispute and should resolve the dispute on the basis described in the “ARBITRATION” paragraph and this ARBITRATION PROCEDURE section. Therefore, at no time will either the Company or the Reinsurer contact or otherwise communicate with any person who is to be or has been designated as hereinafter set forth. 1302 If mutual agreement is not reached a candidate to serve as an arbitrator concerning the dispute, except upon the basis of jointly drafted communications provided by both parties the Company and the Reinsurer to choose a single Arbitrator within inform those candidates actually chosen as arbitrators of the nature and facts of the dispute. Likewise, any written or oral arguments provided to the arbitrators concerning the dispute shall be coordinated with the other party and shall be provided simultaneously to the other party or shall take place in the presence of the other party. Further, at no time shall any arbitrator be informed that the arbitrator has been named or chosen by one party or the other. The arbitration hearing shall be held on the date and at the location fixed by the arbitrators. In no event shall this date be later than six (6) months after the appointment of the third arbitrator. As soon as possible, the arbitrators shall establish prearbitration procedures as warranted by the facts and issues of the particular case. At least ten (10) days from prior to the time that the matter is referred to arbitration as defined in 1301 abovehearing, then the procedure stated below will be followed. 1303 Either each party may submit the matter in dispute to a Board of Arbitration by giving notice to shall provide the other party within and the arbitrators with a further seven (7) days and by appointing in that notice one (1) nominee detailed statement of the intended Board of Arbitrationfacts and arguments it will present at the arbitration hearing. The other arbitrators may consider any relevant evidence; they shall give the evidence such weight as they deem it entitled to after consideration of any objections raised concerning it. The party to initiating the dispute shall, within seven arbitration shall have the burden of proving its case by a preponderance of the evidence. Each party may examine any witnesses who testify at the arbitration hearing. Within twenty (720) days after the receipt end of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonarbitration hearing, the two (2) nominees arbitrators shall forward issue a request written decision that sets forth their findings and any award to be paid as a result of the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement arbitration, except that the decision of the Arbitrator, arbitrators may not award punitive or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employerexemplary damages. In their decision, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, arbitrators shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but apportion the costs of the Arbitrator or of the Chairperson of the Arbitration Board arbitration, which shall include, but not be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedurelimited to, Saturdays, Sundays their own fees and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardexpenses.

Arbitration Procedure. 1301 In 10.01 Failing settlement under the event Grievance Procedure of the failure of any grievance between the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received arising from the Human Resources Director interpretation, application, administration or equivalentalleged violation of this Agreement, the matter such grievance may then be referred submitted to arbitration as hereinafter set forthprovided in this article. 1302 If mutual agreement no written request for arbitration is not reached by both parties received within fourteen (14) calendar days after the decision under Step No. 3 is given, the grievance shall be deemed to choose have been abandoned. 10.02 When either party requests that a single Arbitrator within ten (10) days from the time that the matter is referred grievance be submitted to arbitration as defined in 1301 abovearbitration, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days shall acknowledge receipt in writing. Both parties shall then endeavour to select an impartial arbitrator to hear and by appointing in that notice one (1) nominee of resolve the intended Board of Arbitrationgrievance. The other party to Should the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or parties be unable to serve and another Arbitrator not be appointed in her/his place by agree on an arbitrator within fourteen (14) calendar days after receipt of the request, either party who made the original appointment, may then the other party to the dispute may request the Minister Ministry of Labour for Manitoba the Province of Ontario to select appoint a substitutesole arbitrator. 10.03 The arbitrator shall hear and determine the grievance. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The written decision of the Arbitratorarbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, parties and upon the Union and the nurse(sEmployee(s) concerned; however, the Arbitrator or the Arbitration Board affected by it. 10.04 The arbitrator shall not be authorized to make any decisions decision inconsistent with the provisions in of this Collective Agreement. 1307 The Board , nor to alter, modify, add to or amend any part of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either this Agreement. 10.05 Each of the parties heretohereto will share equally the fees and expenses, preceding or during arbitration proceedingsif any, of the arbitrator. 10.06 The time limits set out in the Arbitration Procedure are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described result in the grievance and arbitration procedures being deemed to have been abandoned. 10.07 The parties may agree to waive or to extend any of the stipulated time limits. 1312 Nurses whose attendance limits established in the Arbitration Procedure. 10.08 Paid holidays shall not be counted in determining the time in which any action is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer taken or completed in any loss step of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardthe Arbitration Procedures where the reference is calendar days.

Arbitration Procedure. 1301 1101 In the event of the failure of the parties to settle that a grievance by means or a dispute involving the application, interpretation or administration of this Agreement is not settled through the grievance procedure, such matter shall be the subject of Arbitration in accordance with the procedure stated in Article 12set out hereunder. 1102 Where the party initiating the Arbitration proceedings wishes to request Arbitration by a single Arbitrator, within ten (10) days of the date upon which the written reply notice referred to in Article 12 is received from 1009 shall so state. a) Where the Human Resources Director or equivalentparty who receives the notice accepts the request for a single Arbitrator, the matter may then be referred parties will attempt to arbitration as hereinafter set forth. 1302 If mutual reach agreement is not reached by both parties to choose on the selection of a single Arbitrator within ten fourteen (1014) days from calendar days. b) Where the time that party who receives the matter is referred notice rejects the request for a single Arbitrator or where the parties have failed to arbitration as defined in 1301 abovereach agreement on the selection of a single Arbitrator within fourteen (14) calendar days, then the procedure stated below will be followed. 1303 Either either party may submit the matter in dispute name of its appointee to a Board of Arbitration by giving notice to the other party, in accordance with Articles 1103, 1104, 1105 of this Agreement within fourteen (14) calendar days. c) Where the parties have agreed to a single Arbitrator, the single Arbitrator shall be considered to be an Arbitration Board for purposes of this Agreement. 1103 Where the party within initiating the Arbitration proceedings wishes to request Arbitration by a further seven (7) days and by appointing three person Board, the notice referred to in that notice one (1) nominee of Article 1009 shall contain the intended Board of Arbitration. The other party first party's appointee to the dispute Arbitration Board. 1104 The party receiving such notice shall, within seven fourteen (714) days after the receipt of such noticecalendar days, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then notify the other party of its appointee to the dispute may request Arbitration Board, failing which the Minister of Labour for Manitoba shall be empowered to make such appointment. 1105 Within fourteen (14) calendar days following their nomination, the appointees to the Board shall select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon mutually acceptable appointee as a ChairpersonChairman, the two (2) nominees shall or forward a request to the Minister of Labour for Manitoba to select a Chairpersonmake such appointment. 1306 1106 It is mutually agreed by both parties to this Collective Agreement that the decision of the ArbitratorChairman, or the decision of the Chairperson in the absence of the a majority decision of the Arbitration Board Board, shall be final final, binding and binding enforceable upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator Grievant. 1107 The Chairman or the Arbitration Board shall not be authorized empowered to make any decisions modify this Agreement, or to impose a settlement which is inconsistent with the provisions in this Collective Agreementhereto. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 1108 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, party relative to an Arbitration procedure shall be borne by the respective parties incurring such coststhat party, but except that the costs of the Arbitrator or Chairman of the Chairperson of the Arbitration Board shall be borne shared equally by the parties hereto in equal sharesEmployer and the Union. 1310 For the purposes of determining lengths of time 1109 An employee who has been unjustly suspended or discharged in the foregoing procedureopinion of the Board shall be immediately reinstated in his former position without loss of seniority. He may or may not be compensated for all time lost in an amount equal to his normal earnings during the pay period preceding such discharge or suspension, Saturdays, Sundays or by any other arrangement as to compensation which is just and Recognized Holidays are excludedequitable in the opinion of the parties or a Board of Arbitration. 1311 1110 Nothing in this Collective Agreement shall preclude settlement of a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute grievance by means other than those described mutual agreement in any manner whatsoever. 1111 The time limits fixed in the grievance arbitration procedure may be extended by mutual agreement and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardconfirmed in writing.

Arbitration Procedure. 1301 In This Procedure is administered following the event Federal Service Labor-Management Relations Statute, Title 5, U.S. Code Chapter 71, and this Negotiated Agreement. Binding arbitration shall be the procedure used for any grievance not satisfactorily resolved under the negotiated grievance procedures. Both parties agree that good faith resolution of all grievances shall be attempted through the grievance process, settlement and mediation procedures. 7.1 If the Agency and the Union fail to resolve any grievance processed under the Negotiated Grievance Procedure above, such grievance, upon written request by either party within thirty (30) calendar days after issuance of the failure final decision by the final authority or their designee (Step 2), may be submitted to arbitration. Only The Agency or the Union may invoke arbitration. Failure to comply with this time limit, and any negotiated extension, shall constitute acceptance of the parties final authority review decision and the matter will not be subjected to settle a grievance any further review. Invocation is accomplished by means e-mailing the non-grieving party notice of the grievance procedure stated in Article 12desire to arbitrate. The union notification must be submitted to the Supervisor, within ten Workforce Relations, at the Corporate Services Office. The Agency notification must be submitted to the applicable Union President. In these matters, an opened e-mail will serve as acknowledgment of receipt. 7.2 Not later than thirty (1030) calendar days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentafter invoking arbitration, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose shall jointly request a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board list of Arbitration by giving notice to the other party within a further seven (7) days names from the Federal Mediation and by appointing Conciliation Service (FMCS). If one party refuses to join in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then request for arbitrators the other party may make a unilateral request to FMCS for a panel of arbitrators. A copy of the dispute request to FMCS will be served on the other party. The parties will alternate paying the fee to FMCS for each requested list of arbitrators. The paying party will have the option of striking the first name from the list. Normally, within fifteen (15) calendar days after receipt of an FMCS list of arbitrators, the parties will select an arbitrator by alternately striking names from the list. The person whose name remains will be selected as the arbitrator. The Agency and Union can mutually agree to request a new list from FMCS. 7.3 If, for any reason, the Agency or Union refuses to participate in the selection of an arbitrator, the other party may request unilaterally select an arbitrator from the Minister list. 7.4 With the consent of Labour both parties, more than one arbitration case may be consolidated for Manitoba review by the same arbitrator. 7.5 If the parties fail to agree on a joint submission of the issue for arbitration, each shall submit a separate submission and the arbitrator shall determine the issue or issues to be heard. Once the Parties have selected an arbitrator, they will jointly communicate with the arbitrator and to select a substitutean agreeable date for the hearing. 1305 Should The arbitration hearing normally will be conducted at the two (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonwork site where the grievance was initiated, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of unless the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awarddecide otherwise.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within 1101 Within ten (10) twenty (20) calendar days after receiving the reply of the date upon which Senior Administrative Officer as determined by the written reply referred to in Article 12 is received from Employer or designate and failing a satisfactory settlement, either party may refer the Human Resources Director or equivalent, the matter may then be referred dispute to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and in writing. The timelines may be extended by appointing in that notice one (1) nominee mutual written consent of the intended Board Employer and/or the Union. 1102 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1101. The referral for arbitration shall contain the names of Arbitrationthree (3) proposed sole arbitrators. The other party to the dispute shall, within seven (7) days after of the receipt of such notice, also appoint a nominee and notify the party who referred the matter to arbitration of the acceptance of one of the arbitrators named or propose others. Renumber remainder of article accordingly. 1103 The two (2) nominees thus appointed named members of the Board shall, within ten (10) calendar days thereafter, select name a third member of the Board who shall be Chairperson. 1304 Should either party fail 1104 In the event of a failure to appoint an Arbitrator as herein providedagree upon a third person, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for the Province of Manitoba shall be requested to select appoint a substitutethird member. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the 1105 The Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board The sole arbitrator shall not be authorized empowered to make any decisions decision inconsistent with the provisions in of this Collective Agreementagreement, or to modify or amend any portion of this agreement. 1307 1106 The Board of Arbitration arbitrator shall determine its their own procedure procedures, but shall give provide full opportunity to all parties to present evidence and make representations. 1308 In The Board shall hear and determine the event difference(s) or allegation(s) and render a decision within ten (10) calendar days from the time it holds its final meeting. 1107 The decision of a grievance alleging unjust layoff, suspension the majority or discharge being referred to arbitrationthe sole arbitrator shall be the decision of the Board. Where there is no majority decision, the Arbitrator or decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration or the sole arbitrator shall be authorized to rule whether or final and binding and enforceable on all parties, and may not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardchanged.

Arbitration Procedure. 1301 1201 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 1211, within ten (10) working days of the date upon which the written reply referred to in Article 12 11 is received from the Human Resources Director Employer or equivalentdelegate, the matter may then be referred to arbitration as hereinafter set forth. 1302 1202 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrator within ten (10) working days from the time that the matter is referred to arbitration as defined in 1301 Article 1201 above, then the procedure stated below will be followed. 1303 1203 Either party may submit the matter in dispute to a Board board of Arbitration arbitration by giving notice to the other party within a further seven (7) working days and by appointing in that notice one (1) nominee of the intended Board board of Arbitrationarbitration. The other party to the dispute shall, within seven (7) working days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) working days thereafter, select a third member who shall be Chairperson. 1304 1204 Should either party fail to appoint an Arbitrator arbitrator as herein provided, or if any Arbitrator arbitrator thus appointed should fail or be unable to serve and another Arbitrator arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 1205 Should the two (2) appointed nominees fail within ten (10) working days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 1206 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitratorarbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board arbitration board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 1207 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 1208 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, and the costs associated with each parties respective external witnesses, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 1209 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 1210 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 1211 The Arbitrator shall be requested parties will endeavour, in good faith, to provide both parties share with a hard (paper) copy as well as a disk/electronic version one another all pertinent documents and particulars relied upon during the grievance procedure and prior to arbitration. 1212 For the purposes of an arbitration awarddetermining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 1207 is received from the Human Resources Provincial Director or equivalentDesignate, the matter may then be referred to arbitration by the Union or the Employer as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole Arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the Arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an Arbitrator or proceed as outlined in Article1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole Arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, provided or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees Arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees Arbitrators shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationArbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate alternative award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration Arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal sharesshares and each party shall bear the cost of its nominee to any Board of Arbitration. 1310 For the purposes of determining lengths of time in the foregoing procedureprocedures, Saturdays, Sundays Sundays, and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend in writing any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings hearings, related to the Agreement this Agreement, shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested request to provide both parties with a hard (paper) copy as well as a disk/an electronic version of the Arbitration award. 1314 In the interest of settling a grievance prior to an arbitration awardhearing and providing the parties mutually agree, the assistance of a grievance mediator may be requested from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties.

Arbitration Procedure. 1301 In 26.01 The Joint Conference Board on a majority vote shall determine the event validity of a dispute or grievance. If the grievance or dispute is declared valid and either party refuses to appoint a member to the Arbitration Board, the party requesting arbitration shall be authorized by the Joint Conference Board by letter to 26.02 Either party desiring arbitration shall appoint a member for the Board and shall notify the other party in writing of its appointment and particulars of the failure matters in dispute. Nothing contained in this Clause shall preclude the right of any signer to this Agreement to proceed to arbitration. 26.03 The party receiving the notice shall within five (5) days thereafter appoint a member for the Board and notify the other party of its appointment. 26.04 The two (2) Arbitrators so appointed shall confer to select a third party to be Chairman and failing for three (3) days from the appointment of the parties second of them to agree upon a person willing to act, either of them may apply to the Honourable Minister of Labour to appoint such third person. 26.05 The Arbitration Board shall sit, hear the parties, settle a grievance by means the term of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred question or questions to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrated and make its award within ten (10) days from the time date of the appointment of the Chairman, provided that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will time may be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration extended by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee agreement of the intended parties. 26.06 The Board shall deliver its award in writing to each of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee parties and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence award of the majority decision of the Arbitration Board shall be the award of the Board and it shall be final and binding upon the Employer, the Union parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board they shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration carry it out forthwith. 26.07 Each party shall determine pay its own procedure but shall give full opportunity to all parties to present evidence cost and make representations. 1308 In the event expense of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board remuneration and disbursement of Arbitration its Minister of Labour (in compliance with Section 26.01 of this Clause) shall be authorized to rule whether or not paid by the nurse(sparty the said appointee is representing. One-half (½) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either Chairman and of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson stenographer and other expenses of the Arbitration Board shall be borne paid by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardeach party.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 1207 is received from the Human Resources Provincial Director or equivalentDesignate, the matter may then be referred to arbitration by the Union or the Employer as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees members thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It The decision of the majority of the three members of the Arbitration Board, and where there is mutually agreed by both parties to this Collective Agreement that no majority, the decision of the ArbitratorChairperson, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions in this Collective Agreement, nor to alter, modify, add to or amend any part of this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate alternative award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend in writing any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.Blank

Arbitration Procedure. 1301 In 8.1 Failing a decision under the Grievance Procedure Article satisfactory to the complainant, or in the event there is no decision, the matter may be referred to arbitration, with either a Board of Arbitrators or a single Arbitrator appointed as in the failure of following paragraph (a) or (b) as the parties case may be: (a) Either party to settle a grievance by means of the grievance procedure stated in Article 12Agreement may, within ten five (105) working days of the date upon which such decision was or should have been made, notify the written reply referred other party in writing of its desire to in Article 12 is received from refer the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice Arbitration, and it shall, in such notice, name its Representative to the other party within a further seven Board. Within five (75) working days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the other party shall, in writing, notify the first party of the name of its Representative on the Board. The two (2) nominees thus appointed Representatives so named shall, within ten five (105) working days thereafterof the appointment of the second of them, meet and select a third member who shall be Chairperson. 1304 Should either party fail person to appoint an Arbitrator act as herein providedChairperson of the Board, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointmentdefault of their so doing, then the other party to the dispute may request the Minister of Labour for Manitoba of the Province of Nova Scotia, upon the application of either party, may appoint such third person. If either of the parties shall fail to select notify the other party of an appointment of a substitute. 1305 Should Representative to the two (2) appointed nominees fail Board within ten (10) days to agree upon a Chairpersonthe proper time, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba of the Province of Nova Scotia may, upon application of either party, appoint a person to select a Chairperson. 1306 It is mutually agreed by represent the party in default; (b) If both parties to this Collective Agreement that the decision agree, a single Arbitrator may be used instead of the Arbitratora three (3) member Arbitration Board. 8.2 On selection, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board or the single arbitrator shall, with all possible dispatch, arrange for the case to be heard.The Chairperson of the Arbitration Board or the single Arbitrator shall be final and binding upon render a written decision with all possible dispatch and, in any event, within thirty (30) calendar days following the Employer, hearing. 8.3 Each of the Union and parties shall bear the nurse(s) concerned; however, cost of the Arbitrator appointed by it, and shall jointly bear the cost of the Chairperson of the Arbitration Board or of the single Arbitrator. 8.4 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.5 No matter may be submitted to arbitration which has not been processed according to the Grievance Procedure. 8.6 The Arbitrator or Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions of the Agreement, nor to alter, modify, or amend any part of this Agreement. 8.7 The proceedings of the Arbitrator or Arbitration Board will be expedited by the parties thereto. The decision of the Arbitrator, or in this Collective Agreement. 1307 The Board the case of an Arbitration shall determine its own procedure but shall give full opportunity to all Board, the decision of the majority of the Board, will be final and binding upon the parties to present evidence hereto and make representations. 1308 the Employee(s) concerned. 8.8 In the event of a grievance alleging an arbitration concerning an alleged unjust layoff, suspension discharge or discharge being referred to arbitrationalleged unjust discipline of an Employee, the Arbitrator shall: (a) confirm or Board of Arbitration shall modify the Employer's action in dismissing or disciplining the regular Employee; or (b) reinstate the Employee with full compensation for the time lost; or (c) decide upon any other arrangement which may be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, deemed just and equitable in the event of reinstatement, shall also be authorized circumstances; or (d) have the power to make an award in terms of compensation substitute for regular salary lost the discharge or a reasonable alternate award, however, discipline any monetary award shall not exceed the difference between salary lost and any wages other penalty that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of to the Arbitrator seems just and reasonable in the circumstances. 8.9 The Arbitrator or of the Chairperson of the Arbitration Board shall be borne have the power to waive formal procedural irregularities in processing a grievance in order to determine the real matter in dispute as defined by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and the giving of a decision according to the Collective Agreement. The parties are committed to the speedy and effective resolution of grievances and accordingly agree that in processing grievances to arbitration procedures they will comply with the step procedure and time limits unless they agree in writing to waive the procedure or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In If either Party is entitled to submit a disputed matter to arbitration pursuant to this Section 3.1.3 in accordance with the event provisions *** = Portions of this exhibit have been omitted pursuant to a request for confidential treatment. An unredacted version of this exhibit has been filed separately with the Commission. of this Section 3.1.3, it may do so by providing written notice to the other Party of its election to submit such matter to arbitration in accordance with this Section 3.1.3(e). Within *** days following notice by either Party to the other of its election to submit such matter to resolution pursuant to the provisions of this Section 3.1.3(e), the Parties shall each submit their respective proposals with respect to amendments and supplements to the Development Plan and the Development Budget to each other and to an independent arbitrator or expert having substantial relevant experience with respect to (i) the budgeting for, planning of and conduct of Trials for biologics of the failure nature, stage of development, location, and size contemplated by this Agreement and the Development Plan, (ii) regulatory compliance and communications with applicable Regulatory Authorities, or (iii) Development and Manufacturing of pharmaceutical products (including expertise with respect to CMC Information), as applicable, which arbitrator shall be mutually acceptable to the Parties (or failing such agreement, the Parties shall ask the American Arbitration Association to promptly appoint the expert on behalf of the parties Parties) (the “Expert Arbitrator”). If a Party fails to settle submit a grievance by means of the grievance procedure stated in Article 12, proposal within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 abovesuch timeframe, then the procedure stated below proposal of the submitting Party shall prevail. Each Party shall have *** days from receipt of the other Party’s submission to submit a written response to such proposal and, at a hearing to take place on no more than *** Business Days and to commence no later than *** days after submission of the written responses, each Party shall have a reasonable period of time, to be determined by the Expert Arbitrator (which period of time shall be sufficient for the Expert Arbitrator to fully understand the proposals and the relative merits thereof), to argue for its proposal before the Expert Arbitrator. The arbitrator(s) shall have the right to meet with the Parties together, as necessary to make a determination. The Expert Arbitrator shall, within *** days after the submission of the responses, or such longer period as the Parties may agree, select the single proposal that, in the determination of the Expert Arbitrator, as a whole is the most consistent with the requirements of this Agreement and the matters relating thereto, and is the most fair and reasonable to the Parties in light of the totality of the circumstances and the terms of this Agreement (the Party that submitted such proposal selected by the Arbitrator, the “Prevailing Party” and the other Party, the “Non-Prevailing Party”). The Parties acknowledge and agree that the rendering of a determination by the Expert Arbitrator shall be deemed effective at the time its determination is made, irrespective of if and when a formal written statement of the Expert Arbitrator’s opinion with respect to such matter, or the basis of its determination, is released. At any time prior to the determination, either Party may accept the other Party’s position on any unresolved issue. The Parties shall inform the Expert Arbitrator of such accepted position and in such event such position will be followed. 1303 Either party may submit deemed part of the final resolution of the matter in dispute and no longer subject *** = Portions of this exhibit have been omitted pursuant to a Board request for confidential treatment. An unredacted version of Arbitration by giving notice this exhibit has been filed separately with the Commission. to arbitration. The Expert Arbitrator’s decision shall take into account customary and commercially reasonable industry practices for the conduct of Development activities in compliance with Applicable Law. Any fees, costs, expenses or other amounts payable to the other party within a further seven (7) days and by appointing Expert Arbitrator in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if connection with any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties arbitration pursuant to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(sSection 3.1.3(e) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardNon-Prevailing Party.

Arbitration Procedure. 1301 Section 1. In the event the employer and the Union fail to satisfactorily resolve any grievance under Article 7 of this AGREEMENT, then such grievance, upon written request of the failure party desiring arbitration, shall be referred to arbitration. Section 2. The parties agree that the issue(s) to be arbitrated shall be no broader in scope than the issue(s) presented during the grievance procedure, except that the parties would not be precluded from introducing background material. The arbitrator shall not change, modify, alter, delete or add to the provisions of this AGREEMENT as such right is the prerogative of the contracting parties only. Section 3. Questions that cannot be resolved by the Employer and the Union as to settle whether or not a grievance by means is subject to arbitration under this AGREEMENT shall be referred to an arbitrator for decision. The arbitrator will rule on the arbitrability dispute prior to rendering a decision on the merits of the grievance procedure stated except as provided for in Article 127. Section 4. If it is the Union that desires arbitration, then the written notice invoking arbitration must be submitted to the North Atlantic Division Commander within ten (10) days workdays from receipt of the date upon which decision in Step 3 of Section 5 of Article 7, Section 8 of Article 7, or Step 1 of Section 12 of Article 7. If it is the Employer that desires arbitration, then written reply referred notice invoking arbitration must be submitted to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator Union within ten (10) days workdays from receipt of the Union’s position in accordance with Section 9 of Article 7. Section 5. Within fifteen (15) workdays from the time that date of receipt of the matter is referred arbitration request from the Union or the Employer, the parties shall jointly request the Federal Mediation and Conciliation Service to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board list of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitrationarbitrators. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, parties shall meet within ten (10) days thereafter, workdays after receipt of such a list to select a third member who shall be Chairpersonthe arbitrator. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator If the parties cannot be appointed in her/his place by mutually agree upon one (1) of the party who made the original appointmentlisted arbitrators, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(semployer will each strike one (1) concerned; however, arbitrator’s name from the Arbitrator or the Arbitration Board list of seven (7) and shall not be authorized to make any decisions inconsistent with the provisions in then repeat this Collective Agreementprocedure twice more. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration remaining name shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated andduly selected arbitrator. Section 6. The fees, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost per diem and any wages that may have been earned from employment with another employer during the period travel expenses of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, arbitrator shall be borne equally by the respective Employer and the Union. The parties incurring shall pay for their own transcripts, if such costsis desired. If the arbitrator requests a transcript the cost will be shared equally by the parties. Section 7. Arbitration hearings shall normally be held at the North Atlantic Division during the regular business hours of the basic workweek. The parties may mutually agree to extend the hearing process beyond regular business hours, but under no circumstances shall the costs of the Arbitrator aggrieved employee, his/her representative(s) or of the Chairperson of the Arbitration Board shall witnesses Section 8. The arbitrator will be borne requested by the parties hereto to render his/her decision as quickly as possible but in equal shares. 1310 For any event no later than thirty (30) calendar days after the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any conclusion of the stipulated time limitshearing unless the parties otherwise agree. 1312 Nurses whose attendance is required at arbitration hearings related The arbitrator’s award will be binding, except that either party may file exceptions to an arbitrator’s award with the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardFederal Labor Relations Authority under regulations prescribed by the Authority.

Arbitration Procedure. 1301 In ‌ 24.01 The Party desiring to arbitrate under this procedure shall notify the event other Party in writing of this intention and the particulars of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12grievance. 24.02 The Party receiving such notice shall, within ten five (105) days thereafter, confirm receipt in writing. 24.03 The Parties shall then confer immediately upon receipt of the date upon which the written reply referred to in Article 12 is received notice from the Human Resources Director or equivalentopposite Party, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to and shall within five (5) days, choose a single Arbitrator. If the Parties are unable to agree on an Arbitrator within five (5) days, either Party may ask the Minister of Labour of Canada to appoint the Arbitrator, sending the Minister a copy of this Grievance and Arbitration Procedure and the other Party a copy of the request. 24.04 If desired by either Party and, subject to written notice being given at the time of giving Notice of Intention to arbitrate under Clause 24.01 hereof, the Authority and the Guild shall each select a person active in the Industry to advise and assist the Arbitrator jointly, but not individually, at his discretion. Those advisors shall take no part in the hearing, except for technical advice, or participate in the making or publishing of the award of the Arbitrator. The Arbitrator may accept or reject the advice of the advisors but his award shall not refer to the advisors or their advice. 24.05 The Arbitrator may not alter the terms of this Agreement or insert new provisions or give any decision inconsistent with the terms of this Agreement, but he/she shall have the right to rule on reinstatement and order payment of lost wages. 24.06 The time limits in this procedure may be varied by mutual agreement. 24.07 The Arbitrator shall sit, hear the Parties, settle the terms of the question or questions to be arbitrated if the Parties are unable to agree thereon and make his/her award within ten (10) days from the date of his appointment, providing the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will may be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration extended by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee mutual consent of the intended Board of ArbitrationParties. The other party Arbitrator shall deliver his/her Award in writing to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee each Party concerned and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in herhis/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board her Award shall be final and binding upon the Employer, the Union on both Parties and they shall carry it out forthwith. 24.08 Each Party shall pay its own expenses and the nurse(scost of arbitration and one-half (½) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence compensation and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs expenses of the Arbitrator or and of stenographic and other expenses of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardArbitrator.

Arbitration Procedure. 1301 In 24.01 Arbitration shall be commenced by either Party giving notice in writing to the event other Party, within seven (7) calendar days, after an answer from the Joint Conference Board setting out and requesting that the matter be referred to Arbitration. 24.02 The Arbitration Board shall consist of three (3) persons who shall be selected as follows: a. The Association Member shall appoint one (1) member. b. The Union shall appoint one (1) member. c. The above shall be appointed within five (5) days following receipt of written notice requesting arbitration and the failure of the parties to settle members so appointed shall select a grievance by means of the grievance procedure stated in Article 12, third member within ten (10) days of after their appointment, who shall be the date upon which the written reply referred Chairman. 24.03 If either Party refuses or neglects to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration appoint a member as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute aforesaid to a Board of Arbitration within five (5) days, the PEI Minister of Provincial Affairs responsible for Labour may be requested by giving notice either Party to name a member. In the other party within a further seven (7) days and by appointing in event that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus members appointed shallcannot agree on a Chairman, the Minister may appoint the Chairman of the Board. 24.04 Hearings of the Board shall commence within ten fifteen (1015) days thereafterafter the appointment of the Chairman, select and shall continue in such a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement manner that the arbitrators shall make their award in writing not more than one (1) month thereafter. The decision of the Arbitrator, or the decision majority of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, Parties to this Agreement. 24.05 The expense and remuneration of the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost Chairman and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedingsstaff as he may require, shall be borne in equal shares by the respective two (2) Parties. The expenses and remuneration of any other parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shareswho appointed them, or for whom the Minister of Environment, Labour and Justice appointed them. 24.06 The Arbitration Board shall hear all the Parties concerned and to determine the matter referred to them. 1310 For Upon determination of the purposes matter, the Board shall make an Order which will provide for the final settlement of determining lengths of the matter. 24.07 Every Party to and every Party bound by this Agreement and every person on whose behalf the Agreement was entered into shall comply with the provision for the final settlement and give effect thereto. 24.08 All time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing limits in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute Article may be extended by means other than those described in the grievance and arbitration procedures or to extend any mutual agreement of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardParties thereto.

Arbitration Procedure. 1301 ‌ 26:01 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 1225, within ten (10) days of the date upon which the written reply referred to in Article 12 25 is received from the Human Resources Director or equivalentAdministrator, the matter may then be referred to arbitration as hereinafter set forth. 1302 . 26:02 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 26:01 above, then the procedure stated below will be followed. 1303 . 26:03 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees members thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 . 26:04 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 . 26:05 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 . 26:06 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerCare Home, the Union and the nurse(sEmployee(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 . 26:07 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 . 26:08 In the event of a grievance alleging unjust layofflay-off, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(sEmployee(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Care Home during the period of the layofflay-off, suspension or discharge. 1309 . 26:09 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 . 26:10 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 . 26:11 Nothing in this Collective Agreement shall preclude a nurse an Employee or the Union committee and the Employer Care Home from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 . 26:12 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In 8.1 Failing a decision under the Grievance Procedure Article satisfactory to the complainant, or in the event there is no decision, the matter may be referred to arbitration, with either a Board of Arbitrators or a single Arbitrator appointed as in the failure of following paragraph (a) or (b) as the parties case may be: (a) Either party to settle a grievance by means of the grievance procedure stated in Article 12Agreement may, within ten five (105) working days of the date upon which such decision was or should have been made, notify the written reply referred other party in writing of its desire to in Article 12 is received from refer the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice Arbitration, and it shall, in such notice, name its Representative to the other party within a further seven Board. Within five (75) working days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the other party shall, in writing, notify the first party of the name of its Representative on the Board. The two (2) nominees thus appointed Representatives so named shall, within ten five (105) working days thereafterof the appointment of the second of them, meet and select a third member who shall be Chairperson. 1304 Should either party fail person to appoint an Arbitrator act as herein providedChairperson of the Board, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointmentdefault of their so doing, then the other party to the dispute may request the Minister of Labour for Manitoba of the Province of Nova Scotia, upon the application of either party, may appoint such third person. If either of the parties shall fail to select notify the other party of an appointment of a substitute. 1305 Should Representative to the two (2) appointed nominees fail Board within ten (10) days to agree upon a Chairpersonthe proper time, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba of the Province of Nova Scotia may, upon application of either party, appoint a person to select a Chairperson. 1306 It is mutually agreed by represent the party in default; (b) If both parties to this Collective Agreement that the decision agree, a single Arbitrator may be used instead of the Arbitratora three (3) member Arbitration Board. 8.2 On selection, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board or the single arbitrator shall, with all possible dispatch, arrange for the case to be heard. The Chairperson of the Arbitration Board or the single Arbitrator shall be final and binding upon render a written decision with all possible dispatch and, in any event, within thirty (30) calendar days following the Employer, hearing. 8.3 Each of the Union and parties shall bear the nurse(s) concerned; however, cost of the Arbitrator appointed by it, and shall jointly bear the cost of the Chairperson of the Arbitration Board or of the single Arbitrator. 8.4 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.5 No matter may be submitted to arbitration which has not been processed according to the Grievance Procedure. 8.6 The Arbitrator or Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions of the Agreement, nor to alter, modify, or amend any part of this Agreement. 8.7 The proceedings of the Arbitrator or Arbitration Board will be expedited by the parties thereto. The decision of the Arbitrator, or in this Collective Agreement. 1307 The Board the case of an Arbitration shall determine its own procedure but shall give full opportunity to all Board, the decision of the majority of the Board, will be final and binding upon the parties to present evidence hereto and make representations. 1308 the Employee(s) concerned. 8.8 In the event of a grievance alleging an arbitration concerning an alleged unjust layoff, suspension discharge or discharge being referred to arbitrationalleged unjust discipline of an Employee, the Arbitrator shall: (a) confirm or Board of Arbitration shall modify the Employer's action in dismissing or disciplining the regular Employee; or (b) reinstate the Employee with full compensation for the time lost; or (c) decide upon any other arrangement which may be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, deemed just and equitable in the event of reinstatement, shall also be authorized circumstances; or (d) have the power to make an award in terms of compensation substitute for regular salary lost the discharge or a reasonable alternate award, however, discipline any monetary award shall not exceed the difference between salary lost and any wages other penalty that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of to the Arbitrator seems just and reasonable in the circumstances. 8.9 The Arbitrator or of the Chairperson of the Arbitration Board shall be borne have the power to waive formal procedural irregularities in processing a grievance in order to determine the real matter in dispute as defined by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and the giving of a decision according to the Collective Agreement. The parties are committed to the speedy and effective resolution of grievances and accordingly agree that in processing grievances to arbitration procedures they will comply with the step procedure and time limits unless they agree in writing to waive the procedure or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties 11.01 When either party to settle this Agreement demands that a grievance by means be submitted for arbitration, they shall make such a demand in writing addressed to the other Party to this Agreement. (a) The arbitration procedure incorporated in this Agreement shall be based on the use of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten selected on a rotating basis from a panel of six (106) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated Arbitrators set out below will be followed. 1303 Either party may submit the matter in dispute to or a Board of Arbitration by giving notice to the other party within a further seven as set out in Article 11.02 (7d): Xxxxxx Xxxxx Xxxxx Xxxxx Xxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxxxxx Xxxxx Xxx (b) days and by appointing in that notice one (1) nominee After selection of the intended Arbitrator from the above noted rotation, the parties, by mutual agreement, may elect to request the Arbitrator “mediate” the dispute in an effort to avoid an arbitration hearing. (c) It is agreed that if the parties are unable to mediate a resolution, then the Mediator will assume the role of Arbitrator and a hearing will be scheduled. (d) The parties by mutual agreement, may agree to establish a Board of ArbitrationArbitration in respect of any grievance submitted for arbitration. The other party to In such a case the dispute shall, within seven (7) days after the receipt of such notice, also parties shall each appoint a nominee to the Board of Arbitrators and the two (2) nominees thus appointed shallChairperson of the Board of Arbitration will be one of the Arbitrators set out in Article 11.02(a). However, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should should either party fail to appoint nominate an Arbitrator as herein providedrequired, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba the Province of Ontario shall have power to select effect such appointment upon application thereto by the party invoking Arbitration Procedure. The provisions of Article 11 apply to a substitute. 1305 Should Board of Arbitration. 11.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the two (2) appointed nominees fail within ten (10) days grievance. 11.04 No matter may be submitted to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision arbitration which has not been properly carried through all requisite steps of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Grievance Procedure. 11.05 The Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions in of this Collective Agreement nor to alter, modify, add to or amend any part of this Agreement. 1307 . 11.06 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson proceedings of the Arbitration Board shall will be borne expedited by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute decision of the majority, and where there is no majority, the decision of the Chairperson will be final and binding upon the parties hereto and the employee or employees concerned. 11.07 Each of the parties hereto will bear the expense of the arbitrator appointed by means other than those described in it and the grievance and arbitration procedures or to extend parties will jointly bear the expenses, if any of the stipulated chairperson of the Arbitration Board. 11.08 The party demanding arbitration shall be responsible for informing any third party likely to be adversely affected: a) Of the time limits. 1312 Nurses whose attendance is required at arbitration hearings related and place of the sitting of the Board of Arbitration, b) Of the matter to be placed before the Board, and c) Of the right of that third party to be present and represented. 11.09 The provisions of article 11.02 herein may be waived should the parties agree to the Agreement shall be given permission to be absent from work and shall not suffer any loss appointment of salary a single arbitrator as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardprovided in the Labour Relations Act.

Arbitration Procedure. 1301 1201 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 1211, within ten (10) working days of the date upon which the written reply referred to in Article 12 11 is received from the Human Resources Director Employer or equivalentdelegate, the matter may then be referred to arbitration as hereinafter set forth. 1302 1202 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrator within ten (10) working days from the time that the matter is referred to arbitration as defined in 1301 1201 above, then the procedure stated below will be followed. 1303 1203 Either party may submit the matter in dispute to a Board board of Arbitration arbitration by giving notice to the other party within a further seven (7) working days and by appointing in that notice one (1) nominee of the intended Board board of Arbitrationarbitration. The other party to the dispute shall, within seven (7) working days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) working days thereafter, select a third member who shall be Chairperson. 1304 1204 Should either party fail to appoint an Arbitrator arbitrator as herein provided, or if any Arbitrator arbitrator thus appointed should fail or be unable to serve and another Arbitrator arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 1205 Should the two (2) appointed nominees fail within ten (10) working days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 1206 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitratorarbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board arbitration board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator arbitrator or the Arbitration Board arbitration board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 1207 The Board board of Arbitration arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 1208 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, and the costs associated with each parties respective external witnesses, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator arbitrator or of the Chairperson of the Arbitration Board arbitration board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 1209 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 1210 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 1211 The Arbitrator shall be requested parties will endeavour, in good faith, to provide both parties share with a hard (paper) copy as well as a disk/electronic version one another all pertinent documents and particulars relied upon during the grievance procedure and prior to arbitration. 1212 For the purposes of an arbitration awarddetermining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded.

Arbitration Procedure. 1301 In 23:01 Either party may refer a grievance to arbitration providing that the event grievance has been properly processed through all of the failure of the parties to settle a grievance by means requisite steps of the grievance procedure stated and within the prescribed time limits. 23:02 The party wishing to submit the grievance to arbitration shall make such request in Article 12writing, by registered mail, containing the name of that party’s nominee to the Board of Arbitration, to the other party within ten (10) working days after the receipt of the date upon which reply at Step Two of the written reply referred to in Article 12 is received from grievance procedure. The recipient of the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator notice shall within ten (10) working days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to inform the other party within a further seven (7) days and in writing by appointing in that notice one (1) nominee registered mail, of the intended name of its nominee to the Board of Arbitration. The other party to two nominees shall within fifteen (15) working days of the dispute shallappointment of the second of them, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member party who shall be Chairpersonthe chairperson of the Board of Arbitration. 1304 Should either party fail If the recipient of the notice fails to appoint an Arbitrator as herein provideda nominee, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonchairperson within the time limits prescribed herein, the two (2) nominees appointment shall forward be made in accordance with the relevant provisions of the Ontario Labour Relations Act, as amended from time to time. 23:03 The Arbitration Board shall hear and determine the difference or allegation and shall issue a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that decision, and the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employerparties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is not a majority, the Union and decision of the nurse(s) concerned; however, Chairperson governs. 23:04 No person may be appointed as a nominee or a chairperson to a Board of Arbitration who has been involved in an attempt to negotiate or settle the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 grievance. 23:05 The Board of Arbitration shall determine its own procedure but shall give full opportunity not have any authority to all parties alter, modify, change, add to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, detract from any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension provisions of this collective agreement or discharge. 1309 Any costs incurred by either to substitute any new provisions in lieu thereof or to give any decision contrary to the provisions of this collective agreement or to provide a remedy applicable to the time prior to the date of the filing of the grievance. 23:06 Each of the parties heretoto this collective agreement will pay the fees and disbursements of its nominee to the Board of Arbitration, preceding or during arbitration proceedings, shall be borne by and will share equally the respective parties incurring such costs, but the costs fees and disbursements of the Arbitrator or of Chairperson. 23:07 Any time limits set in both the Chairperson of the Grievance and Arbitration Board shall Procedure may be borne extended by the parties hereto mutual agreement in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardwriting.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Administrator/Director or equivalentof Care, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in clause 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of to the intended Board of Arbitration. The other party to the dispute dis- pute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Collective Agreement shall be given permission to be absent from work and shall not suffer any loss of regular salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an arbitration award.

Arbitration Procedure. 1301 In 2801 A referral for arbitration shall be made in writing by either party, addressed to the event of other party to this Agreement, within the failure of the parties to settle a grievance by means of the grievance procedure stated time defined in Article 122707. The referral for arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) calendar days of the date upon which receipt of such notice, notify the written reply party who referred the matter to arbitration of the acceptance of one of the arbitrators named or propose others. Where the parties are unable to agree on the choice of a single arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an arbitrator or proceed as outlined in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth2802. 1302 2802 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten fourteen (1014) calendar days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit Employer and the matter in dispute Association shall nominate their respective appointees to a Board of three (3) person Arbitration by giving notice Board. 2803 Within fourteen (14) calendar days, the appointees shall agree to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonto act as Chairperson of the Arbitration Board. 1304 Should 2804 If either party fail fails to appoint an Arbitrator as herein providednominate their appointee, or if any Arbitrator thus appointed should fail or be an appointee is unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointmentserve, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days 2805 If either party fails to agree upon to a Chairperson, the two (2) nominees request shall forward a request be sent to the Minister of Manitoba Labour for Manitoba Board to select a Chairpersonmake such appointment. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision 2806 The finding of the Arbitratorsole arbitrator, a majority of arbitrators, or the decision of the Chairperson chairperson in the absence of the majority decision of the Arbitration Board a majority, shall be final conclusive and binding upon the Employerall parties affected, the Union and the nurse(s) concerned; however, the Arbitrator but no such finding or the Arbitration Board award shall not be authorized to make any decisions inconsistent with the provisions in terms of this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationIf necessary, the Arbitrator or Board arbitrator(s) may be requested to clarify the terms of Arbitration such award. 2807 Each party shall be authorized to rule whether or not responsible for the nurse(s) concerned shall be reinstated andcosts of its nominee, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator sole arbitrator or of the Chairperson of the Arbitration Board chairperson shall be borne shared equally by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee Employer and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limitsAssociation. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission 2808 Arbitrations are to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested heard locally, unless an alternate location is mutually agreed to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardby the parties.

Arbitration Procedure. 1301 29.01 In the event any difference arises between the Company and The Guild as to the interpretation, alleged violation or application of or compliance with this Agreement or as to any grievance or dispute arising out of the failure operation of Article 28 of this Agreement the parties difference may be submitted to settle arbitration pursuant to the terms of this section. 29.02 Arbitration of any difference arising under Article 29.01 shall be submitted to a grievance single arbitrator jointly selected by means of the grievance procedure stated in Article 12, Guild and the Company. This selection shall be made within ten (10) days after the request for arbitration has been made by either party to this Agreement. In the event that the parties fail within the said ten (1 0) day period to agree upon the selection of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentan arbitrator, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba Canada who shall select and designate the arbitrator. 29.03 In the event the selected arbitrator is unable to select serve by reason of death, incapacity or resignation, or for any other reason, a Chairpersonreplacement shall be appointed in the same manner as is provided herein for the appointment of the first arbitrator. 29.04 A statement of the dispute or question to be arbitrated shall be submitted by the grieving party to the arbitrator within five (5) days of the arbitrator's appointment. 1306 It The arbitrator shall convene the parties following the arbitrator's appointment unless a delay is mutually agreed to by both parties to this Collective Agreement that the parties, and the arbitrator shall render a decision as soon thereafter as possible. 29.05 The decision of the Arbitrator, arbitrator shall be limited to the dispute or question contained in the statement or statements submitted to him. The decision of the Chairperson in the absence arbitrator shall not change, add to, vary or disregard any conditions of the majority this Agreement. The decision of the arbitrator which is made under the authority of the Arbitration Board Article shall be final and binding upon the EmployerCompany, the Union Guild and the nurse(s) all persons concerned; however. 29.06 The expenses, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence fees and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or arbitrator shall be paid by the party to this Agreement found to be in default upon the arbitrator's resolution of the Chairperson grievance or, if the arbitrator resolves the grievance in such a way that neither side shall be found wholly in the right, then the arbitrator shall also establish the proper split of the Arbitration Board shall be borne by expenses, fees and costs between the two parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or proportion appropriate to the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described share of responsibility that each side had in the grievance and arbitration procedures or to extend any production of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardgrievance.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10i) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to The party requesting arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to shall send the other party written notice thereof, such notice to include the name of one arbitrator selected by the party requesting arbitration; (ii) The party to whom such notice is sent shall select one arbitrator, and shall notify the requesting party of that Person’s name, within a further seven (7) 14 days and by appointing in that notice one (1) nominee after receipt of the intended Board of Arbitration. The other party to the dispute shall, within seven notice requesting arbitration; (7iii) Within 14 days after the receipt requesting party has been notified of such noticethe name of the second arbitrator, also appoint a nominee and the two (2) nominees arbitrators thus appointed shall, within ten (10) days thereafter, selected shall select a third member arbitrator who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator also act as herein provided, or if any Arbitrator thus appointed should fail or be chairman of the arbitrators; (iv) If the two arbitrators are unable to serve agree on, and another Arbitrator not be appointed in her/his place obtain the services of, a third arbitrator by the party who made end of the original appointment14 day period, then the other party to the dispute either Grantor or Company may request the Minister American Arbitration Association to appoint the third arbitrator; (v) Within 14 days after appointment of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonthird arbitrator, the two three arbitrators so appointed shall conduct a hearing(s) in the Town of Brunswick, at which each party may present evidence and be heard; (2vi) nominees The hearings shall forward a request to be conducted, and evidence heard, in accordance with the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision rules and procedures of the ArbitratorAmerican Arbitration Association; (vii) The arbitrators shall render and publish a decision, or to be determined by majority vote, within 30 days after the hearing(s) is held; (viii) Any decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon on both parties, and shall be fully enforceable as if it were a part of this Franchise Agreement; (ix) The arbitrators shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the Employerspecific provisions of the Franchise Agreement. The arbitrators shall only consider and make a decision with respect to the specific issue submitted by the parties, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized have no authority to make a decision on any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration other issue not so submitted; and (x) Each party shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but pay the costs of the Arbitrator or arbitrator appointed by it and one-half of the Chairperson all other costs of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardarbitration.

Arbitration Procedure. 1301 In (a) When arbitration is invoked the event party making the request shall do so within thirty (30) working days following the decision of the failure City Manager or his designate. The request will include the name and address of its nominee to the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten board. Within thirty (1030) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) working days from the time that receipt of the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to request the other party within a further seven (7) days will advise the name and by appointing in that notice one (1) nominee address of the intended Board of Arbitrationits nominee. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed so selected shall, within ten (10) days thereafterworking days, attempt to select a third member person who shall be Chairperson. 1304 Should either party act as chairman. (b) Notwithstanding the above, the parties can agree to the use of a single arbitrator instead of a 3 three person Board of Arbitration. 8.02 If the nominees fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select agree upon a substitute. 1305 Should the two (2) appointed nominees fail chairman within ten (10) days working days, or within a mutually agreed period, they shall request the Ontario Labour-Management Arbitration Commission to agree upon a Chairperson, assist them. 8.03 No person shall be appointed as an arbitrator who has been involved in any attempt to settle the two grievance to be arbitrated. 8.04 The matter before the Board of Arbitration shall be the grievance identified in 7.02 (2) nominees above, and such board shall forward a request not have jurisdiction to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision alter or change any of the Arbitratorprovisions of this agreement, or nor to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. 8.05 The Board of Arbitration shall issue a decision, and such decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be is final and binding upon the Employer, parties and upon the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreementemployees. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period decision of the layoffmajority is the decision of the board, suspension or discharge. 1309 Any costs incurred by either and if no majority exists the decision of the chairman governs. 8.06 Each of the parties heretohereto will bear the expenses of its nominee and will jointly bear the expenses of the chairman. 8.07 Any grievance not processed from one step to the other, preceding or during arbitration proceedingsincluding notice of desire to arbitrate, within the time limits set out above, shall be borne deemed to have been dropped. Notwithstanding the time limits above may be extended by the respective parties incurring such costs, but the costs mutual agreement of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardparties.

Arbitration Procedure. 1301 Where either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party to this Agreement. The parties shall first attempt to agree to a single Arbitrator. If the parties are unable to agree within ten days of receipt of the request then the following procedure shall apply. In the event of failure to agree upon a single Arbitrator, the failure of party initiating the parties to settle a grievance by means of arbitration procedure shall notify the grievance procedure stated in Article 12other party, within ten (10) days of such failure, of the date name of its nominee to a Board of Arbitration. The recipient of the notice shall within ten days of receiving the name of the first party‘s nominee xxxxx- xxxx its nominee to the Board of Arbitration. Where the party receiving the notice fails to appoint its nominee to the Arbitration board the other party may request that the Chairperson, Labour RelationsBoard, make the appointment. The two (2) so nominated shall endeavour within ten (10) days after the appointment of the second of them to agree upon which a third per- son to act as Chairperson of the written reply referred Board of Arbitration. If the xxxx- xxxx are unable to agree upon the third person Chairpersonwith- in Article 12 is received from ten (10) days after the Human Resources Director or equivalentappointment of the second one of them either party may request the Chairperson, Labour Relations Board, to appoint the matter may then third member as Chairperson of the Board of Arbitration. The said two (2) nominees first appointed shall be referred at liberty, prior to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within the expiration of ten (10) days from the time that date of the matter is referred to arbitration as defined in 1301 aboveappointment of the second of them, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice or prior to the other party within a further seven (7) days and by appointing in that notice one (1) nominee appointment of the intended Board Chairperson within the said period of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon dis- cuss the grievance submitted to them with a Chairpersonview to mutual set- tlement. No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance. Each of the patties shall pay its own expenses including pay for witnesses and the expenses of its own nominee and one- half of the expenses and fees of the Chairperson or the single Arbitrator as the case may be. The Arbitrator or the Board of Arbitration shall have no power to alter, add to, subtract from, or amend this Agreement in order to give any decision inconsistent with it, nor shall any prac- tices or customs become binding unless reduced to writing by the two (2) nominees Union and the Employer. The decision of the Arbitrator or the majority of the members of the Board of Arbitration shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that be the decision of the ArbitratorBoard, or but if there is no majority, the decision of the Chairperson in the absence shall govern. The decision of the majority decision of Arbitrator or the Arbitration Board shall be final and binding upon the Employer, parties and any employee affected by it. Where an Arbitrator or Arbitration Board determines that an employee has been discharged or otherwise disciplined by the Union Employer and the nurse(s) concerned; howeverCollective Agreement does not contain a spe- cific for the infraction that is the subject matter of the arbi- tration, the Arbitrator or the Arbitration Board shall not be authorized may substitute such other penalty for the discharge or discipline as seems just and rea- sonable in the circumstances to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardBoard.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentExecutive Director, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board board of Arbitration arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board board of Arbitrationarbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonchairman. 1304 Should either party fail to appoint an Arbitrator arbitrator as herein provided, or if any Arbitrator arbitrator thus appointed should fail or be unable to serve and another Arbitrator arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonchairman, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairpersonchairman. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson Chairman in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board board of Arbitration arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator arbitrator or Board board of Arbitration arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator arbitrator or of the Chairperson chairman of the Arbitration Board arbitration board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and work. In the event that the Employer requires a nurse to attend an arbitration hearing or if such hearing is held on the Employer's premises, the nurse shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In 9.01 Should any grievance fail to be satisfactorily settled under the foregoing steps and procedures, either party may, within fourteen (14) working days following receipt of the answer from the Executive Director or the Chairperson of the Personnel Committee of the Board of Directors with regard to a complaint made under Section 8.05 or 8.06 (f), or in the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the no written reply referred is received, notify the other party in writing of its desire to in Article 12 is received from submit the Human Resources Director difference or equivalent, the allegation to arbitration. 9.02 Any matter may then be referred to arbitration as hereinafter set forthshall be heard by one arbitrator, mutually agreed to by the Employer and the Union. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shallparties are unable to agree on the selection of an arbitrator within fifteen (15) calendar days of receiving a notice to proceed to arbitration, or within ten (10) days thereaftera longer period as may be agreed to by the parties, select a third member who shall request may be Chairperson. 1304 Should either party fail made to the Ministry of Labour of the Province of Ontario to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not arbitrator. 9.03 No person may be appointed as an arbitrator who has been involved in her/his place by an attempt to negotiate or settle the party who made grievance unless the original appointment, then parties agree otherwise. 9.04 No matter may be submitted to arbitration which has not been properly carried through all requisite steps for the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Grievance Procedure. 9.05 The Arbitrator or the Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions in of this Collective Agreement. 1307 The Board , nor to alter, modify, add to or amend any part of Arbitration shall determine its own procedure but shall give full opportunity to all this Agreement. 9.06 Each of the parties to present evidence and make representations. 1308 In hereto will bear the event expense of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board and the parties will share equally the fees and expenses. All such hearings will be held in the City of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated andThunder Bay, in the event Province of reinstatementOntario. 9.07 The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall also be authorized result in the grievance being deemed to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period abandoned. 9.08 In this Article "working days" shall include all days exclusive of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing designated holidays as set out in Article 28.01(a). 9.09 The parties may mutually agree to extend the time limits in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limitsarticle. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement Such agreements shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardin writing.

Arbitration Procedure. 1301 1101 In the event of the failure of the parties to settle that a grievance by means or a dispute involving the application, interpretation, or administration of this Agreement is not settled through the grievance procedure, such matter shall be the subject of Arbitration in accordance with the procedure stated in Article 12set out hereunder. 1102 Where the party initiating the Arbitration proceedings wishes to request Arbitration by a single Arbitrator, within ten (10) days of the date upon which the written reply notice referred to in Article 12 is received from 1009 shall so state. a) Where the Human Resources Director or equivalentparty who receives the notice accepts the request for a single Arbitrator, the matter may then be referred parties will attempt to arbitration as hereinafter set forth. 1302 If mutual reach agreement is not reached by both parties to choose on the selection of a single Arbitrator within ten fourteen (1014) days from calendar days. b) Where the time that party who receives the matter is referred notice rejects the request for a single Arbitrator or where the parties have failed to arbitration as defined in 1301 abovereach agreement on the selection of a single Arbitrator within fourteen (14) calendar days, then the procedure stated below will be followed. 1303 Either either party may submit the matter in dispute name of its’ appointee to a Board of Arbitration by giving notice to the other party in accordance with Articles 1103, 1104, 1105 of this Agreement within fourteen (14) calendar days. c) Where the parties have agreed to a further seven single Arbitrator, the single Arbitrator shall be considered to be an Arbitration Board for purposes of this Agreement. 1103 Where the party initiating the Arbitration proceedings wishes to request Arbitration by a three (73) days and by appointing person Board, the notice referred to in that notice one (1) nominee of Article 1009 shall contain the intended Board of Arbitration. The other party first party’s appointee to the dispute Arbitration Board. 1104 The party receiving such notice shall, within seven fourteen (714) days after the receipt of such noticecalendar days, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then notify the other party of its’ appointee to the dispute may request Arbitration Board, failing which the Minister of Labour for Manitoba shall be empowered to make such appointment. 1105 Within fourteen (14) calendar days following their nomination, the appointees to the Board shall select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon mutually acceptable appointee as a ChairpersonChairman, the two (2) nominees shall or forward a request to the Minister of Labour for Manitoba to select a Chairpersonmake such appointment. 1306 1106 It is mutually agreed by both parties to this Collective Agreement that the decision of the ArbitratorChairman, or the decision of the Chairperson in the absence of the a majority decision of the Arbitration Board Board, shall be final final, binding and binding enforceable upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator Grievant. 1107 The Chairman or the Arbitration Board shall not be authorized empowered to make any decisions modify this Agreement, or to impose a settlement which is inconsistent with the provisions in this Collective Agreementhereto. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 1108 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, party relative to an Arbitration procedure shall be borne by the respective parties incurring such coststhat party, but except that the costs of the Arbitrator or Chairman of the Chairperson of the Arbitration Board shall be borne shared equally by the parties hereto in equal sharesEmployer and the Union. 1310 For the purposes of determining lengths of time 1109 An employee who has been unjustly suspended or discharged in the foregoing procedureopinion of the Board shall be immediately reinstated in his former position without loss of seniority. He may or may not be compensated for all time lost in an amount equal to his normal earnings during the pay period preceding such discharge or suspension, Saturdays, Sundays or by any other arrangement as to compensation which is just and Recognized Holidays are excludedequitable in the opinion of the parties or a Board of Arbitration. 1311 1110 Nothing in this Collective Agreement shall preclude settlement of a nurse or the Union committee grievance by mutual agreement in any manner whatsoever. 1111 The time limits fixed in an Arbitration procedure may be extended by mutual agreement and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardconfirmed in writing.

Arbitration Procedure. 1301 In 10.1 The Joint Conference Board on a majority vote shall determine the event validity of a dispute or grievance. If the grievance or dispute is declared valid and either Party refuse to appoint a member to the Arbitration Board, the Party requesting Arbitration shall be authorized by the Joint Conference Board, by letter, to apply to the Minister of Labour for the appointment of a member to the Arbitration Board on behalf of the failure other Party. 10.2 If a majority vote of the parties Joint Conference Board rules that the dispute or grievance is not valid, no further action shall be instituted by the Party concerned regarding that specific dispute or grievance. 10.3 If the Joint Conference Board deadlock on the validity of a dispute or grievance, then such dispute or grievance may be processed in accordance with the procedure outlined herein (Section 10.4 to settle 10.9 inclusive). 10.4 Either Party desiring arbitration shall appoint a grievance by means member for the Board and shall notify the other Party, in writing, of its appointment and particulars of the grievance procedure stated matters in Article 12dispute. Nothing contained in this Section shall preclude the right of any Signer to this Agreement to proceed to arbitration. 10.5 The Party receiving the notice, shall within ten five (105) days thereafter, appoint a member for the Board and notify the other Party of its appointment. 10.6 The two (2) Arbitrators as appointed shall confer to select a third person to be Chairperson and failing for three (3) days from the appointment of the date second of them to agree upon which a person willing to act, either of them may apply to the written reply referred Minister of Labour to in Article 12 appoint such third member. It is received from understood that the Human Resources Director or equivalent, the matter Parties may then be referred mutually agree to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single arbitrator. UA Local 170 - Part A - Common Terms May 1, 2016 to April 30, 2019 10.7 The Arbitration Board or Arbitrator shall sit, hear the Parties, settle the term of the question or questions to be arbitrated and make its award within ten (10) days from the time date of the appointment of the chairperson, provided that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will time may be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration extended by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee agreement of the intended Parties. 10.8 The Arbitration Board or Arbitrator shall deliver its award, in writing, to each of Arbitration. The other party to the dispute shallParties, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board award shall be final and binding upon the Employer, the Union Parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board they shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration carry it out forthwith. 10.9 Each Party shall determine pay its own procedure but shall give full opportunity to all parties to present evidence cost and make representations. 1308 In the event expense of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator remuneration and disbursement of its appointee to the Board or Board the total cost and compensation and other expense for any person appointed by the Minister of Arbitration Labour (in compliance with Section 10.01) shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne paid by the respective parties incurring such costs, but Party the said appointee is representing. One-half (1/2) the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardpaid by each Party.

Arbitration Procedure. 1301 In the event 22.01 A grievance that has been properly carried through all applicable steps of the failure Grievance Procedure and which has not been settled will, at the written request of the parties to settle a grievance by means of party submitting the grievance procedure stated in Article 12grievance, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter within twenty (20) days of receipt of the Step 2 response. Such referral shall be to a single arbitrator in accordance with the procedure set forthout herein. 1302 If The time limits set out herein may be extended only by mutual agreement is of the parties in writing and such agreement shall not reached by both parties be unreasonably withheld. 22.02 When either party refers a grievance to choose a single Arbitrator within ten (10) days from arbitration, the time that party referring the matter is referred grievance to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafterafter the referral, select a third member who shall be Chairperson. 1304 Should either party fail suggest to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party the names of three (3) possible arbitrators. The receiving party shall have ten (10) days in which to accept one of the dispute suggested arbitrators or suggest the names of three (3) arbitrators as an alternative. The party referring the grievance to arbitration shall then have five (5) days to agree to one of the suggested arbitrators or suggest the names of three (3) arbitrators as an alternative. The receiving party shall have five (5) days to agree to one of the suggested arbitrators and if they disagree, it will be determined the parties are unable to agree upon an arbitrator within a period of thirty (30) days, and the party making the referral may request the Minister of Labour for Manitoba the Province of Ontario appoint an impartial arbitrator. 22.03 Each of the parties shall pay its own expenses including pay for witnesses and one-half (1/2) of the expenses and fees of the Sole Arbitrator. 22.04 The Arbitrator shall have authority only to select a substitute. 1305 Should settle disputes under the two (2) appointed nominees fail within ten (10) days terms of this Agreement and only to agree upon a Chairperson, the two (2) nominees shall forward a request interpret and apply this Agreement to the Minister facts of Labour for Manitoba the grievance(s) involved. Only grievances arising from the interpretation, application, administration or alleged violation of this Agreement including a question as to select whether a Chairpersonmatter is arbitral shall be arbitrated. 22.05 The Arbitrator shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision inconsistent with it. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the ArbitratorArbitrator shall govern. 22.06 All agreements reached under the Grievance Procedure and Arbitration Procedure between the Employer and its representatives, or and the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall Union and its representatives will be final and binding upon the Employer, the Union and the nurse(semployee(s) concerned; howeverinvolved. 22.07 Any grievance involving the interpretation or application, the Arbitrator administration or the Arbitration Board alleged violation of this Agreement which has been disposed of hereunder, shall not be authorized to make made the subject of another grievance. 22.08 No costs of any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized awarded to rule whether or not against any party. 22.09 Failure to refer a grievance to arbitration in accordance with the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing limits set out in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described result in the grievance and arbitration procedures or being deemed abandoned. DATED at , ON, this day of , 2022 Signed on behalf of Per Per Per Signed on behalf of Per Per Per One (1) year = 1850 hours for part time; full-time uses calendar period. Any employee negatively impacted will be red-circled. The Employer will recognize recent related experience on the basis of one (1) annual increment for each one (1) year of service up to extend any the maximum of the stipulated grid. Part-time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement service shall be given permission recognized on the basis of eighteen hundred and fifty (1850) hours paid in previous employment equals one (1) year of service. It shall be the responsibility of a newly hired employee to make a claim of recent and related experience within the probationary period in order to be absent from work and considered for a salary increment. If they fail to make a claim in the specified time period or fails to provide reasonable proof of recent related experience, they shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested entitled to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardrecognition.

Arbitration Procedure. 1301 Section 1. In the event the Employer and the Union fail to satisfactorily resolve any grievance under Article 7 of this AGREEMENT, then such grievance, upon written request of the failure party desiring arbitration, shall be referred to arbitration. Section 2. The parties agree that the issue(s) to be arbitrated shall be no broader in scope than the issue(s) presented during the grievance procedure, except that the parties would not be precluded from introducing background material. The arbitrator shall not change, modify, alter, delete or add to the provisions of this AGREEMENT as such right is the prerogative of the contracting parties only. Section 3. Questions that cannot be resolved by the Employer and the Union as to settle whether or not a grievance by means is subject to arbitration under this AGREEMENT shall be referred to an arbitrator for decision. The arbitrator will rule on the arbitrability dispute prior to rendering a decision on the merits of the grievance procedure stated grievance. Section 4. If it is the Union that desires arbitration, then the written notice invoking arbitration must be submitted to the Executive Director within fifteen (15) workdays from receipt of the decision in Step 2 of Section 6 of Article 127, Section 9 of Article 7 or Step 1 of Section 4 of Article 7. If it is the Employer that desires arbitration, then written notice invoking arbitration must be submitted to the Union within fifteen (15) workdays from receipt of the Union's position in accordance with Section 10 of Article 7. Section 5. Within fifteen (15) workdays from the date of receipt of the arbitration request from the Union or within fifteen (15) workdays from the date of forwarding the arbitration request to the Union by the Employer, the parties shall jointly request the Federal Mediation and Conciliation Service (FMCS) to submit a list of seven (7) arbitrators, except in those matters described in Section 6 below. The parties shall meet within ten (10) days workdays after receipt of such list to select the arbitrator. If the parties cannot mutually agree upon one (1) of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 abovelisted arbitrators, then the procedure stated below Union and the Employer will be followed. 1303 Either party may submit each strike one (1) arbitrator's name from the matter in dispute to a Board list of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitrationshall then repeat this procedure twice more. The other party to remaining name shall be the dispute shallduly selected arbitrator. Section 6. In the case of arbitrations of matters involving areas, within seven (7) days after plans, materials, etc. classified at the receipt direction of such noticehigher authority, also appoint the parties will select from a nominee special board of arbitrators. The special board shall be composed of six arbitrators, three of whom will be nominated by the Union and three nominated by the two (2) nominees thus appointed shallEmployer, within ten (10) days thereafter, select a third member who shall be ChairpersonAmerican citizens, approved by FMCS and will be given the necessary security clearance. 1304 Should either party fail to appoint an Arbitrator as herein providedIn the event that one of the arbitrators on this list cannot serve on the special board for reasons outside the control of the parties, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made nominated the original appointmentarbitrator will submit the name of a replacement. When it appears that a grievance involves a classified matter, then the party making the determination will advise the other party party. The parties will meet within five (5) workdays to determine whether the dispute may request case can proceed in accordance with Section 5 above or whether this section shall be invoked. If such an arbitration is required and the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to parties cannot mutually agree upon which arbitrator to select, all six names will be placed in a Chairperson, container and one slip will be drawn by a disinterested person. The name drawn shall be the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairpersonduly selected arbitrator. Section 7. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision The cost of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne equally by the respective parties incurring Employer and the Union. In all arbitrations, the cost shall include obtaining the list of arbitrators from FMCS, the arbitrator's fees, including necessary per diem and travel expenses as allowed by existing regulations. A transcript may be made in arbitration hearings if requested by the arbitrator or if either contracting party considers such costs, but a service desirable or necessary in connection with the costs arbitration proceeding. The cost of the Arbitrator or transcript will be shared equally by the parties. Section 8. Arbitration hearings shall normally be held at SUBMEPP during the regular day shift hours of the Chairperson basic workweek. The Union representative(s) (no more than three (3), of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other whom no more than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.two

Arbitration Procedure. 1301 11.01 In the event of the failure of the parties to settle that a grievance by means or a dispute involving the application, interpretation, or administration of this Agreement is not settled through the grievance procedure, such matter shall be the subject of Arbitration in accordance with the procedure stated in Article 12set out hereunder. 11.02 Where the party initiating the Arbitration proceedings wishes to request Arbitration by a single Arbitrator, within ten (10) days of the date upon which the written reply notice referred to in Article 12 is received from 1009 shall so state: a) Where the Human Resources Director or equivalentparty who receives the notice accepts the request for a single Arbitrator, the matter may then be referred parties will attempt to arbitration as hereinafter set forth. 1302 If mutual reach agreement is not reached by both parties to choose on the selection of a single Arbitrator within ten fourteen (1014) days from calendar days; b) Where the time that party who receives the matter is referred notice rejects the request for a single Arbitrator or where the parties have failed to arbitration as defined in 1301 abovereach agreement on the selection of a single Arbitrator within fourteen (14) calendar days, then the procedure stated below will be followed. 1303 Either either party may submit the matter in dispute name of its’ appointee to a Board of Arbitration by giving notice to the other party in accordance with Articles 1103, 1104, 1105 of this Agreement within fourteen (14) calendar days; c) Where the parties have agreed to a further seven single Arbitrator, the single Arbitrator shall be considered to be an Arbitration Board for purposes of this Agreement. 11.03 Where the party initiating the Arbitration proceedings wishes to request Arbitration by a three (73) days and by appointing person Board, the notice referred to in that notice one (1) nominee of Article 1009 shall contain the intended Board of Arbitration. The other party first party’s appointee to the dispute Arbitration Board. 11.04 The party receiving such notice shall, within seven fourteen (714) days after the receipt of such noticecalendar days, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then notify the other party of its’ appointee to the dispute may request Arbitration Board, failing which the Minister of Labour for Manitoba shall be empowered to make such appointment. 11.05 Within fourteen (14) calendar days following their nomination, the appointees to the Board shall select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon mutually acceptable appointee as a ChairpersonChairman, the two (2) nominees shall or forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 make such appointment. 11.06 It is mutually agreed by both parties to this Collective Agreement that the decision of the ArbitratorChairman, or the decision of the Chairperson in the absence of the a majority decision of the Arbitration Board Board, shall be final final, binding and binding enforceable upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator Grievant. 11.07 The Chairman or the Arbitration Board shall not be authorized empowered to make any decisions modify this Agreement, or to impose a settlement which is inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 hereto. 11.08 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, party relative to an Arbitration procedure shall be borne by the respective parties incurring such coststhat party, but except that the costs of the Arbitrator or Chairman of the Chairperson of the Arbitration Board shall be borne shared equally by the parties hereto in equal shares. 1310 For Employer and the purposes of determining lengths of time Union. 11.09 An employee who has been unjustly suspended or discharged in the foregoing procedureopinion of the Board shall be immediately reinstated in his former position without loss of seniority. He may or may not be compensated for all time lost in an amount equal to his normal earnings during the pay period preceding such discharge or suspension, Saturdays, Sundays or by any other arrangement as to compensation which is just and Recognized Holidays are excluded. 1311 equitable in the opinion of the parties or a Board of Arbitration. 11.10 Nothing in this Collective Agreement shall preclude settlement of a nurse or the Union committee grievance by mutual agreement in any manner whatsoever. 11.11 The time limits fixed in an Arbitration procedure may be extended by mutual agreement and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardconfirmed in writing.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentdesignated senior administrative representative, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board Board, shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the th e stipulated time limits. 1312 Nurses whose attendance is required by the Employer at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Nurses whose attendance is required by the Union at arbitration hearings related to the Agreement shall be given permission to be absent from work. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. ‌ 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the appropriate Human Resources Director Director, or equivalentdesignate, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an Arbitrator, or proceed as outlined in Article 1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 243 It is further agreed that if the COMPANY and the UNION cannot mutually settle any controversies, differences or disputes that arise regarding discharges or dismissals, or interpretations and application of this Agreement, the COMPANY or the UNION, upon the request of the opposite party to this Agreement to arbitrate such controversies, differences or disputes shall, in accordance with Step 4 of Article 30, meet and name one (1) representative each as arbitrators and within five (5) days after the appointment of said two (2) arbitrators, an attempt shall be made to mutually settle such controversies, differences or disputes by the two (2) arbitrators. In the event they cannot mutually settle the dispute within five (5) days from their appointment, the said two (2) arbitrators shall agree upon a third (3rd) arbitrator and the dispute shall be settled by a majority of the failure of the said arbitrators, which decision shall be final and binding upon both parties to settle this Agreement. In the event the two (2) arbitrators cannot mutually agree on the third (3rd) arbitrator within ten (10) days, the Director of Federal Mediation and Conciliation Service for Region X shall be requested to submit a grievance by means list of five (5) arbitrators. The UNION and the grievance procedure stated in Article 12COMPANY will, within ten (10) days of the date upon which the written reply referred to in Article 12 is received days, eliminate from the Human Resources Director or equivalentlist four (4) names by each, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice alternately eliminating one (1). The name remaining shall then become the third (3rd) nominee arbitrator. 244 Grievances appealed to arbitration but not scheduled for hearing within 12 months of the intended Board appeal are considered to be dropped. 245 The COMPANY and the UNION shall bear the expenses of Arbitrationtheir respective arbitrators. All other expenses of the arbitration shall be borne by and divided equally between the UNION and the COMPANY. 246 The other party to decision of the dispute shall, majority of the Arbitration Committee shall be rendered within seven sixty (760) days after the receipt of such notice, also appoint a nominee hearing and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, parties hereto. Such decision shall be within the Union scope and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board terms of this Agreement and shall not be authorized to make change any decisions inconsistent with the provisions of its terms or conditions. The Arbitrators shall, in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layofftheir decision, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule specify whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse decision is retroactive or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardeffective date thereof.

Arbitration Procedure. 1301 29 A. If no settlement is reached in Step Two of the Staff Member Written Grievance or 30 the Filing Step for the Association Written Grievance, or mediation, the 31 Association, at its option, may make a request for arbitration, in writing, within 32 fifteen (15) working days following the Step Two disposition or Filing Step 33 disposition or after mediation. 34 B. In the event of that a grievance which has been mediated is appealed to arbitration, 35 the failure of mediator may not serve as arbitrator, nor may the mediator be placed on any 36 panel from which an arbitrator is to be selected by the parties. In the arbitration 37 proceedings, there shall be no reference to the fact that a mediation conference 38 was or was not held. Nothing said or done by the mediator may be referenced or 1 introduced into evidence at the arbitration hearing and nothing said or done by 2 either party for the first time in the mediation conference may be used against it 3 in arbitration. 4 C. For each case that reaches arbitration, the parties will attempt to settle agree on an 5 arbitrator to hear and decide the case. If the parties are unable to select an 6 arbitrator within fifteen (15) working days, they shall jointly request the Federal 7 Mediation and Conciliation Services (FMCS) to submit a grievance by means panel of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days 8 arbitrators. When notification of the names of the panel of seven (7) arbitrators is 9 received and by appointing if the parties cannot mutually agree, the parties in that notice turn shall have 10 the right to strike a name from the panel until only one (1) nominee name remains. The 11 remaining person shall be the arbitrator. The right to strike the first name from 12 the panel shall be determined by lot. 13 D. Arbitration proceedings shall be in accordance with the Voluntary Labor 14 Arbitration Rules of the intended Board Federal Mediation and Conciliation Services (FMCS) 15 unless the parties mutually agree to deviate from said rules. 16 i. The arbitrator shall hear and accept pertinent evidence submitted by both 17 parties and shall be empowered to request such data as the arbitrator 18 deems pertinent to the grievance and shall render a decision in writing to 19 both parties within thirty (30) days (unless mutually extended) of Arbitrationthe 20 closing of the record. 21 ii. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration arbitrator shall be authorized to rule whether or not and issue a decision in writing on 22 the nurse(s) concerned issue presented for arbitration which decision shall be reinstated final and, 24 iii. The arbitrator shall rule only on the basis of information submitted 25 consistent with the procedural rules adopted. 26 iv. Each party to the proceedings may call such witnesses as may be 27 necessary in the event of reinstatement, shall also order in which their testimony is to be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or dischargeheard. 1309 Any costs incurred by either The 28 arguments of the parties heretomay be supported by oral comment and rebuttal. 29 Either or both parties may submit written briefs within a time period 30 mutually agreed upon. Such arguments of the parties, preceding whether oral or during arbitration proceedings31 written, shall be borne by confined to and directed at the respective matters set forth in the 32 grievance. The parties incurring may offer such costs, but evidence as they desire and shall 33 produce such additional evidence as the costs arbitrator may deem necessary 34 to an understanding and determination of the Arbitrator or dispute. The arbitrator shall 35 be the judge of the Chairperson relevancy and materiality of the Arbitration Board evidence offered and 36 conformity to legal rules of evidence shall not be necessary. All evidence 37 shall be borne by taken in the presence of the arbitrator and all of the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend 38 except where any of the stipulated time limits. 1312 Nurses whose attendance parties is required at arbitration hearings related to the Agreement shall be given permission absent in default or has waived his/her 39 right to be absent from work present. 40 v. Each party shall pay any compensation and shall not suffer any loss expenses relating to its own 41 witnesses or representatives. 42 vi. The District and the Association shall, by mutual consent, fix the amount 43 of salary as a result. 1313 The Arbitrator shall compensation to be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version paid for the services of an arbitration awardarbitrator. The 1 Association and the District shall split the compensation of the arbitrator 2 including necessary expenses. 3 vii. The total cost of the stenographic record (if requested) will be paid by the 4 party requesting it. If the other party also requests a copy, that party will 5 pay one-half (1/2) of the stenographic costs.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of basic salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In (a) Any grievance or difference involving the event alleged unjust suspension, or dismissal or demotion of an employee, or the interpretation, or alleged violation of any of the failure provisions of this Agreement occurring during the term of this Agreement. (b) Any particular grievance or difference not included in the preceding subparagraph a., by mutual agreement of the parties hereto. 19.02 In order to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentbe timely filed for arbitration, the matter may then must be referred submitted to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator the Federal Mediation and Conciliation Service within ten sixty (1060) days from the time that date the matter is referred Company notifies the Union it has received its appeal to arbitration as defined arbitration, otherwise, the grievance will automatically be deemed resolved in 1301 above, then the procedure stated below will be followed. 1303 Company’s favor. (a) Either party may submit request the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee Director of the intended Board of Arbitration. The other party Federal Mediation and Conciliation Service to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and submit to the two (2) nominees thus appointed shallmember Board, a list of seven (7) Arbitrators, from the National Academy of Arbitrators. After receiving the list of arbitrators, and within ten thirty (1030) days thereafterof its receipt, select a third member who an arbitrator shall be Chairpersonselected. 1304 Should either The Company member and the Union member shall each have the right to strike three (3) names from such list. The parties shall alternate in striking the names; the representative of the aggrieved party fail to appoint an Arbitrator as herein providedexercising the first strike. The person whose name remains on the list shall be designated the Arbitrator; (b) Either party may reject one arbitration panel, or if any Arbitrator thus appointed should fail or be unable to serve provided it does so within 10 business days, immediately submits a request for a new panel with the FMCS, and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then notifies the other party. The requesting party to will pay the dispute may request cost of the Minister of Labour for Manitoba to select a substitute. 1305 Should the two new panel. (2c) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision which shall contain a statement of the Chairperson in grounds upon which the absence of the majority decision of the Arbitration Board issue or issues have been decided, shall be final and binding upon each of the Employerparties hereto and they will abide thereby. 19.03 The Arbitrator to be appointed in accordance with the foregoing provisions shall have no power to alter, amend, annul, or disregard any of the Union and terms or provisions of this Agreement. 19.04 This arbitration procedure shall be expeditiously pursued by all concerned. Where the nurse(s) concerned; howeverissue submitted to arbitration involves the payment of money to an employee, the Arbitrator or shall have the Arbitration Board shall not be authorized authority to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, include in the event award a direction for the payment of reinstatementmoney, shall also retroactively or otherwise, limited to making the employee whole and no more, for a maximum of 18 months (plus any time that the processing of the arbitration was delayed at the specific request of the Company). With respect to wages "make whole" means reimbursing the individual for the basic wages they would have made if employment had been continuous at the employee’s regular straight-time wage rate and not including overtime or other premium payments or interest. Deductions must be authorized to make an award in terms of made for interim earnings, Unemployment Compensation, other monetary compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall which the employee would not exceed the difference between salary lost and any wages that may have been earned from employment with another employer eligible for had the employee not been suspended or discharged during that period. It is understood the period of Company shall assume no backpay liability for delays at the layoff, suspension or discharge. 1309 Any costs incurred specific request by either the Union in which the Company concurs. 19.05 Each of the parties heretoshall bear the expense of its own representatives and witnesses and the parties hereto shall jointly bear any general expenses of the Arbitration, preceding or including the expense of providing the Arbitrator. 19.06 The time limits specified in any of the foregoing procedures may be extended by mutual agreement of the parties hereto expressed in writing. 19.07 No employee shall be paid by the Company for any time lost while acting on behalf of the Union during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 . 19.08 The Arbitrator shall be requested to provide will give his/her decision within thirty (30) days after receiving briefs from both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardsides if any.

Arbitration Procedure. 1301 In (a) Any grievance or difference involving the event alleged unjust suspension, or dismissal or demotion of an employee, or the interpretation, or alleged violation of any of the failure provisions of this Agreement occurring during the term of this Agreement. (b) Any particular grievance or difference not included in the preceding subparagraph a., by mutual agreement of the parties hereto. 19.02 In order to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentbe timely filed for arbitration, the matter may then must be referred submitted to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator the Federal Mediation and Conciliation Service within ten sixty (1060) days from the time that date the matter is referred Company notifies the Union it has received its appeal to arbitration as defined arbitration, otherwise, the grievance will automatically be deemed resolved in 1301 above, then the procedure stated below will be followed. 1303 Company’s favor. (a) Either party may submit request the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee Director of the intended Board of Arbitration. The other party Federal Mediation and Conciliation Service to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and submit to the two (2) nominees thus appointed shallmember Board, a list of seven (7) Arbitrators, from the National Academy of Arbitrators. After receiving the list of arbitrators, and within ten thirty (1030) days thereafterof its receipt, select a third member who an arbitrator shall be Chairpersonselected. 1304 Should either The Company member and the Union member shall each have the right to strike three (3) names from such list. The parties shall alternate in striking the names; the representative of the aggrieved party fail to appoint an Arbitrator as herein providedexercising the first strike. The person whose name remains on the list shall be designated the Arbitrator; (b) Either party may reject one arbitration panel, or if any Arbitrator thus appointed should fail or be unable to serve provided it does so within 10 business days, immediately submits a request for a new panel with the FMCS, and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then notifies the other party. The requesting party to will pay the dispute may request cost of the Minister of Labour for Manitoba to select a substitute. 1305 Should the two new panel. (2c) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision which shall contain a statement of the Chairperson in grounds upon which the absence of the majority decision of the Arbitration Board issue or issues have been decided, shall be final and binding upon each of the Employerparties hereto and they will abide thereby. 19.03 The Arbitrator to be appointed in accordance with the foregoing provisions shall have no power to alter, amend, annul, or disregard any of the Union and terms or provisions of this Agreement. 19.04 This arbitration procedure shall be expeditiously pursued by all concerned. Where the nurse(s) concerned; howeverissue submitted to arbitration involves the payment of money to an employee, the Arbitrator or shall have the Arbitration Board shall not be authorized authority to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, include in the event award a direction for the payment of reinstatementmoney, shall also retroactively or otherwise, limited to making the employee whole and no more, for a maximum of 18 months (plus R any time that the processing of the arbitration was delayed at the specific request of the Company). With respect to wages "make whole" means reimbursing the individual for the basic wages they would have made if employment had been continuous at the employee’s regular straight-time wage rate and not including overtime or other premium payments or interest. Deductions must be authorized to make an award in terms of made for interim earnings, Unemployment Compensation, other monetary compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall which the employee would not exceed the difference between salary lost and any wages that may have been earned from employment with another employer eligible for had the employee not been suspended or discharged during that period. It is understood the period of Company shall assume no backpay liability for delays at the layoff, suspension or discharge. 1309 Any costs incurred specific request by either the Union in which the Company concurs. 19.05 Each of the parties heretoshall bear the expense of its own representatives and witnesses and the parties hereto shall jointly bear any general expenses of the Arbitration, preceding or including the expense of providing the Arbitrator. 19.06 The time limits specified in any of the foregoing procedures may be extended by mutual agreement of the parties hereto expressed in writing. 19.07 No employee shall be paid by the Company for any time lost while acting on behalf of the Union during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 . 19.08 The Arbitrator shall be requested to provide will give his/her decision within thirty (30) days after receiving briefs from both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.sides if any. R

Arbitration Procedure. 1301 In 37:01 Within twenty (20) working days from the event receipt of the failure decision arising from the Grievance Procedure under Article 36:09 or 36:10, the Union shall notify the Employer in writing of its desire to submit the grievance to arbitration, and said notice shall contain the Union’s nominee to the Arbitration Board. 37:02 Within twenty (20) working days from the receipt of the parties to settle a grievance by means notice as provided in Article 37:01, the Employer shall notify the Union in writing of the grievance procedure stated in Article 12, within Employer’s nominee to the Arbitration Board. 37:03 Within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) working days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee receipt of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator notice as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed provided in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a ChairpersonArticle 37:02 above, the two (2) nominees shall forward select a request third member who shall be the Chairperson of the Arbitration Board. 37:04 If, in the event the two (2) nominees fail to agree upon a third member within the applicable time limits specified, the selection of a Chairperson may be referred to the Minister of Labour for Manitoba by either party. 37:05 The Arbitration Board shall render its decision in writing to select a Chairperson. 1306 It is mutually agreed the Union and the Employer. 37:06 Any of the time limits referred to above may be extended by both mutual agreement of the parties to this Collective Agreement that hereto. 37:07 The decision of the majority shall be the decision of the ArbitratorBoard and such decision shall be final and binding on both parties. Where there is no majority decision, or the decision of the Chairperson in shall be the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board. 37:08 The Board shall not be authorized have the authority to make amend, add to, or in any decisions inconsistent with manner change the provisions in of this Collective Agreement. 1307 The Agreement or any signed Memorandum of Agreement between the parties. 37:09 Each party shall bear the expenses of their nominee to the Board of Arbitration and shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In bear equally the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or expenses of the Chairperson of the Board. 37:10 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. 37:11 By mutual agreement between the parties, the grievance matter may be borne referred to a mediator chosen by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and parties may appoint the Employer from mutually agreeing single arbitrator, chosen in accordance with Article 37:10, as a mediator/arbitrator. If referred to settle a dispute by means other than those described in mediator, the grievance and arbitration procedures or to extend any hearing date shall be independent of the stipulated time limitsmediation process. 1312 Nurses whose attendance is required at arbitration hearings related The mediation must be completed prior to the Agreement commencement of the arbitration. If the single arbitrator is appointed as a mediator/arbitrator, the matter shall be given permission to be absent from work and shall not suffer any loss of salary heard as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a diskmediation/electronic version of an arbitration awardarbitration.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated method described in the Article 12, the matter may, within ten (10) days of the date upon which the written receipt of reply referred to in Article 12 is received from the Human Resources Director or equivalentStep Two, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in clause 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, provided or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonchairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration Arbitration proceedings, shall be borne by the respective parties incurring such costs, costs but the costs of the single Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 1308 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 1309 For the purpose of determining lengths of time in the foregoing procedure, Saturdays, Sundays, and Recognized Holidays are excluded. 1310 Nurses whose attendance is required at arbitration hearings related to the Collective Agreement shall be given permission to be absent from work, when scheduled to work and shall not suffer any loss of salary as a result. 1313 1311 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentdesignated senior administrative representative, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees members thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentCare Home Manager, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The parties have agreed that the following Arbitrators shall serve in rotation, namely: (a) Xxxxxxx Xxxxxx (b) Xxxxx Xxxxxx (c) Xxxxx Xxxxxxxx (d) Xxxxx XxXxxxxxxx In the event of the Arbitrator in rotation being unavailable for three (3) months or more from the time of request, then another Arbitrator from the list may be chosen by the instigating party. 1303 If mutual agreement is not reached by both parties to choose a single sole Arbitrator within ten (10) days from in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerCare Home, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer Care Home from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Attendance shall be no longer than is necessary for the purposes of the hearings. All parties shall cooperate in scheduling to minimize any impact on Care Home operations and work schedules. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the “Human Resources Director Director” or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 ‌ 26:01 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 1225, within ten (10) days of the date upon which the written reply referred to in Article 12 25 is received from the Human Resources Director or equivalentAdministrator, the matter may then be referred to arbitration as hereinafter set forth. 1302 . 26:02 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 26:01 above, then the procedure stated below will be followed. 1303 . 26:03 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 members 26:04 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 . 26:05 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 . 26:06 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerCare Home, the Union and the nurse(sEmployee(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 . 26:07 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 . 26:08 In the event of a grievance alleging unjust layofflay-off, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(sEmployee(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Care Home during the period of the layofflay-off, suspension or discharge. 1309 . 26:09 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 incurring 26:10 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 . 26:11 Nothing in this Collective Agreement shall preclude a nurse an Employee or the Union committee and the Employer Care Home from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 . 26:12 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In 20:01 No matter may be submitted to arbitration until the event applicable steps of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, Grievance Procedure have been exhausted. 20:02 Either party within ten (10) working days of receipt of a final decision by the date upon which other party, may give notice of its intention to submit the written reply referred dispute to in Article 12 is received from Arbitration. Such notice shall include the Human Resources Director or equivalentname of that party‟s appointee to the Arbitration Board, unless the parties agree to present the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrator. 20:03 The party receiving such notice shall within ten (10) working days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to notify the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party its appointee to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the Arbitration Board. 20:04 The two (2) nominees thus appointed appointees so selected shall, within ten (10) days thereafterworking days, select a meet and name the third member who shall be Chairperson. 1304 Should the Chair of the Board. 20:05 In the event that either party fail fails to appoint name an Arbitrator as herein providedappointee, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees appointees fail to agree upon a Chair within the applicable time limits, then at the request of either Party, the appointment(s) shall be made by the Minister of Labour. 20:06 Where the matter is submitted to the Arbitration Board, the Arbitration Board shall commence hearings within ten (10) working days to agree upon a Chairperson, of the two (2) nominees shall forward a request matter being submitted to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed Board and shall hear evidence and argument submitted by both parties to this Collective Agreement that the decision or on behalf of the Arbitratorparties relevant to the matter submitted. 20:07 The Chair and one other member are a quorum; but, or the decision of the Chairperson in the absence of a member, the majority decision other member shall not proceed unless the absent member has been given reasonable notice of the sitting. 20:08 The Arbitration Board shall be final hear and binding upon determine the Employer, the Union difference or allegations and the nurse(s) concerned; however, the Arbitrator or the shall issue a decision. 20:09 The Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions of this Agreement, nor alter, modify, or 20:10 The Arbitration Board shall not have authority to, nor be empowered to make a decision in this Collective any Arbitration where the subject matter of the Arbitration is: (a) Any request for modification of the Agreement. (b) Any matter not covered by the Agreement. (c) Any matter which by the terms of the Agreement is exclusively vested in the University. 1307 Any such decision shall be null and void. 20:11 The Chair shall submit a report on the findings and the decision of the Board within fourteen (14) calendar days following the completion of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence the hearing to: (a) The University; (b) The Grievor; (c) The Manitoba Government and make representations. 1308 In General Employees‟ Union. 20:12 Any of the event of a grievance alleging unjust layoff, suspension or discharge being time limits referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also Arbitration Procedure may be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred extended by either mutual agreement of the parties hereto, preceding or during arbitration proceedings, . 20:13 Each party shall be borne by bear all expenses of their appointee to the respective parties incurring such costs, but Board and shall bear equally the costs expenses of the Arbitrator or Chair of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardBoard.

Arbitration Procedure. 1301 8.01 Failing settlement under the foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within eighteen (18) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned. Where such a written request is postmarked within sixteen (16) calendar days after the decision under Step No.2, it will be deemed to have been received within the time limits 8.02 It is understood and agreed that the Association (and not any individual or group of individuals) has carriage of all grievances throughout the grievance and arbitration procedure (save and except the complaint stage). All agreements reached under the grievance procedure between the representatives of the Home and the representatives of the Association will be final and binding upon the Home and the Association and the nurses. (a) In the event of the failure of that the parties mutually agree to settle refer a grievance by means to a tripartite Arbitration Board, the party requesting arbitration shall advise the other of its nominee to the grievance procedure stated Arbitration Board. Within ten (10) days thereafter, the other party shall answer, in Article 12writing, indicating the names and address of its appointee to the Arbitration Board. The two (2) appointees so selected shall, within ten (10) days of the date upon which appointment of the written reply referred second [2nd] of them, agree to a Chair. 8.04 No person may be appointed as an arbitrator who has been involved in Article 12 is received from an attempt to negotiate or settle the Human Resources Director or equivalent, the grievance. 8.05 No matter may then be referred submitted to arbitration as hereinafter set forth. 1302 If mutual agreement is which has not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee been properly carried through all requisite steps of the intended Board of Arbitration. Grievance Procedure. 8.06 The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions in of this Collective Agreement. 1307 , nor to alter, modify, add to or amend any part of this Agreement. 8.07 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson proceedings of the Arbitration Board shall will be borne expedited by the parties hereto in equal shares. 1310 For and the purposes decision of determining lengths the majority and where there is no majority the decision of the chairman will be final and binding upon the parties hereto and the nurse or nurses concerned. 8.08 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses, if any, of the chairman of the Arbitration Board. 8.09 The time limits set out in the foregoing procedureGrievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits except by the written agreement of the parties, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described result in the grievance and arbitration procedures or being deemed to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related have been abandoned subject only to the Agreement shall be given permission provisions of Section 48 (16) of The Labour Relations Act, as amended from time to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardtime.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentExecutive Director, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole Arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the Arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an Arbitrator, or proceed as outlined in Article 1303. 1303 If mutual agreement is not reached by both parties to choose a single sole Arbitrator within ten (10) days from in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Attendance shall be no longer than is necessary for the purposes of the hearings. All parties shall cooperate in scheduling to minimize any impact on the Employer’s operations and work schedules 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an arbitration award.

Arbitration Procedure. 1301 In 10.1 The Joint Conference Board on a majority vote shall determine the event validity of a dispute or grievance. If the grievance or dispute is declared valid and either Party refuse to appoint a member to the Arbitration Board, the Party requesting Arbitration shall be authorized by the Joint Conference Board, by letter, to apply to the Minister of Labour for the appointment of a member to the Arbitration Board on behalf of the failure other Party. 10.2 If a majority vote of the parties Joint Conference Board rules that the dispute or grievance is not valid, no further action shall be instituted by the Party concerned regarding that specific dispute or grievance. 10.3 If the Joint Conference Board deadlock on the validity of a dispute or grievance, then such dispute or grievance may be processed in accordance with the procedure outlined herein (Section 10.4 to settle 10.9 inclusive). 10.4 Either Party desiring arbitration shall appoint a grievance by means member for the Board and shall notify the other Party, in writing, of its appointment and particulars of the grievance procedure stated matters in Article 12dispute. Nothing contained in this Section shall preclude the right of c:my Signer to this Agreement to proceed to arbitration. 10.5 The Party receiving the notice, shall within ten five (105) days thereafter, appoint a member for the Board and notify the other Party of its appointment. 10.6 The two (2) Arbitrators as appointed shall confer to select a third person to be Chairperson, and failing for three (3) days from the appointment of the date second of them to agree upon which a person willing to act, either of them may apply to the written reply referred Minister of Labour to in Article 12 appoint such third member. It is received from understood that the Human Resources Director or equivalent, the matter Parties may then be referred mutually agree to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single arbitrator. UA Local 170 - Part A- Common Terms May 1, 2016 to April 30, 2019 10.7 The Arbitration Board or Arbitrator shall sit, hear the Parties, settle the term of the question or questions to be arbitrated and make its award within ten (10) days from the time date of the appointment of the chairperson, provided that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will time may be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration extended by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee agreement of the intended Parties. 10.8 The Arbitration Board or Arbitrator shall deliver its award, in writing, to each of Arbitration. The other party to the dispute shallParties, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board award shall be final and binding upon the Employer, the Union Parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board they shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration carry it out forthwith. 10.9 Each Party shall determine pay its own procedure but shall give full opportunity to all parties to present evidence cost and make representations. 1308 In the event expense of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator remuneration and disbursement of its appointee to the Board or Board the total cost and compensation and other expense for any person appointed by the Minister of Arbitration Labour (in compliance with Section 10.01) shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne paid by the respective parties incurring such costs, but Party the said appointee is representing. One-half (1/2) the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardpaid by each Party.

Arbitration Procedure. 1301 In 22.01 Within twenty (20) working days from the event receipt of the failure decision at Step 4 of the parties Grievance Procedure, the Association shall notify the Employer in writing of its desire to settle a submit the grievance by means to arbitration, and said notice shall contain the Association’s nominee to the Arbitration Board. 22.02 Within twenty (20) working days from the receipt of the grievance procedure stated in Article 12, within notice as provided in 22.03 Within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) working days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee receipt of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator notice as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed provided in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson22.02 above, the two (2) nominees shall forward select a request third member who shall be the Chairperson of the Arbitration Board. 22.04 If, in the event the two (2) nominees fail to agree upon a third member within the applicable time limits specified, the selection of a Chairperson may be referred to the Minister of Labour for Manitoba Labour. 22.05 Within ten (10) working days following the selection of the Chairperson, the Board shall commence hearings and shall hear evidence and arguments submitted by or on behalf of the parties relevant to select a Chairperson. 1306 It is mutually agreed the matter submitted. 22.06 Within thirty (30) working days the Arbitration Board shall render its decision in writing to the Association and the Employer. 22.07 Any of the time limits referred to above may be extended by both mutual agreement of the parties to this Collective Agreement that hereto. 22.08 The decision of the majority shall be the decision of the ArbitratorBoard and such decision shall be final and binding on both parties. Where there is no majority decision, or the decision of the Chairperson in shall be the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board. 22.09 The Board shall not be authorized have the authority to make amend, add to, or in any decisions inconsistent with manner change the provisions in of this Collective Agreement. 1307 The Agreement or any signed Memorandum of Agreement between the parties. 22.10 Each party shall bear the expenses of their nominee to the Board of Arbitration and shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In bear equally the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or expenses of the Chairperson of the Board. 22.11 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 be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedureapply, Saturdayswith only necessary changes made, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardsingle arbitrator.

Arbitration Procedure. 1301 In 20:01 No matter may be submitted to arbitration until the event applicable steps of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, Grievance Procedure have been exhausted. 20:02 Either party within ten (10) working days of receipt of a final decision by the date upon which other party, may give notice of its intention to submit the written reply referred dispute to in Article 12 is received from Arbitration. Such notice shall include the Human Resources Director or equivalentname of that party’s appointee to the Arbitration Board, unless the parties agree to present the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrator. 20:03 The party receiving such notice shall within ten (10) working days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to notify the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party its appointee to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the Arbitration Board. 20:04 The two (2) nominees thus appointed appointees so selected shall, within ten (10) days thereafterworking days, select a meet and name the third member who shall be Chairperson. 1304 Should the Chair of the Board. 20:05 In the event that either party fail fails to appoint name an Arbitrator as herein providedappointee, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees appointees fail to agree upon a Chair within the applicable time limits, then at the request of either Party, the appointment(s) shall be made by the Minister of Labour. 20:06 Where the matter is submitted to the Arbitration Board, the Arbitration Board shall commence hearings within ten (10) working days to agree upon a Chairperson, of the two (2) nominees shall forward a request matter being submitted to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed Board and shall hear evidence and argument submitted by both parties to this Collective Agreement that the decision or on behalf of the Arbitratorparties relevant to the matter submitted. 20:07 The Chair and one other member are a quorum; but, or the decision of the Chairperson in the absence of a member, the other member shall not proceed unless the absent member has been given reasonable notice of sitting. 20:08 The Arbitration Board shall hear and determine the difference or allegations and shall issue a decision. 20:09 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor alter, modify, or amend any part of this Agreement. The decision of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the on both parties. 20:10 The Arbitration Board shall not have authority to, nor be authorized empowered to make a decision in any decisions inconsistent with Arbitration where the provisions subject matter of the Arbitration is: (a) Any request for modification of the Agreement. (b) Any matter not covered by the Agreement. (c) Any matter which by the terms of the Agreement is exclusively vested in this Collective Agreementthe University. 1307 Any such decision shall be null and void. 20:11 The Chair shall submit a report on the findings and the decision of the Board within fourteen (14) calendar days following the completion of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence the hearing to: (a) The University; (b) The Grievor; (c) The Manitoba Government and make representations. 1308 In General Employees’ Union. 20:12 Any of the event of a grievance alleging unjust layoff, suspension or discharge being time limits referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also Arbitration Procedure may be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred extended by either mutual agreement of the parties hereto, preceding or during arbitration proceedings, . 20:13 Each party shall be borne by bear all expenses of their appointee to the respective parties incurring such costs, but Board and shall bear equally the costs expenses of the Arbitrator or Chair of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardBoard.

Arbitration Procedure. 1301 In 12.1 Failing a decision under the Grievance Procedure Article satisfactory to the complainant, or in the event there is no decision, the matter may be referred to arbitration, with either a Board of Arbitrators or a single Arbitrator appointed as in the failure of following paragraph (a) or (b) as the parties case may be: (a) Either party to settle a grievance by means of the grievance procedure stated in Article 12Collective Agreement may, within ten five (105) working days of the date upon which such decision was or should have been made, notify the written reply referred other party in writing of its desire to in Article 12 is received from refer the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice Arbitration, and it shall, in such notice, name its Representative to the other party within a further seven Board. Within five (75) working days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the other party shall, in writing, notify the first party of the name of its Representative on the Board. The two (2) nominees thus appointed Representatives so named shall, within ten five (105) working days thereafterof the appointment of the second of them, meet and select a third member who shall be Chairperson. 1304 Should either party fail person to appoint an Arbitrator act as herein providedChair of the Board, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointmentdefault of their so doing, then the other party to the dispute may request the Minister of Labour for Manitoba of the Province of Nova Scotia, upon the application of either party, may appoint such third person. If either of the parties shall fail to select notify the other party of an appointment of a substitute. 1305 Should Representative to the two (2) appointed nominees fail Board within ten (10) days to agree upon a Chairpersonthe proper time, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba of the Province of Nova Scotia may, upon application of either party, appoint a person to select a Chairperson. 1306 It is mutually agreed by represent the party in default; (b) If both parties to this Collective Agreement that agree, a single Arbitrator may be used instead of a three (3) member Arbitration Board. 12.2 On selection, the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision Chair of the Arbitration Board or the single Arbitrator shall, with all possible dispatch, arrange for the case to be heard. The Chair of the Arbitration Board or the single Arbitrator shall be final and binding upon render a written decision with all possible dispatch and, in any event, within thirty (30) calendar days following the Employer, hearing. 12.3 Each of the Union and parties shall bear the nurse(s) concerned; however, cost of the Arbitrator appointed by it, and shall jointly bear the cost of the Chair of the Arbitration Board or of the single Arbitrator. 12.4 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 12.5 No matter may be submitted to arbitration which has not been processed according to the Grievance Procedure. 12.6 The Arbitrator or Arbitration Board shall not be authorized to make any decisions decision inconsistent with the provisions in this of the Collective Agreement, nor to alter, modify or amend any part of this Agreement. 12.7 The proceedings of the Arbitrator or Arbitration Board will be expedited by the parties thereto. 1307 The Board decision of the Arbitrator, or in the case of an Arbitration shall determine its own procedure but shall give full opportunity to all Board, the decision of the majority of the Board, will be final and binding upon the parties to present evidence hereto and make representations. 1308 the employee(s) concerned. 12.8 In the event of a grievance alleging an arbitration concerning an alleged unjust layoff, suspension discharge or discharge being referred to arbitrationalleged unjust discipline of an employee, the Arbitrator shall: (a) confirm or Board of Arbitration shall modify the Employer's action in dismissing or disciplining the regular employee; or (b) reinstate the employee with full compensation for the time lost; or (c) decide upon any other arrangement which may be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, deemed just and equitable in the event of reinstatement, shall also be authorized circumstances; or (d) have the power to make an award in terms of compensation substitute for regular salary lost the discharge or a reasonable alternate award, however, discipline any monetary award shall not exceed the difference between salary lost and any wages other penalty that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of to the Arbitrator seems just and reasonable in the circumstances. 12.9 The Arbitrator or of the Chairperson of the Arbitration Board shall be borne have the power to waive formal procedural irregularities in processing a grievance in order to determine the real matter in dispute as defined by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and the giving of a decision according to the Collective Agreement. The parties are committed to the speedy and effective resolution of grievances and accordingly agree that in processing grievances at arbitration procedures or they will comply with the step procedure and time limits unless they agree in writing to waive the procedure to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In 9.01 Failing settlement under the event foregoing procedure of any grievance between the parties arising from the interpretation, application, administration or alleged violation of the failure of Agreement, including any question as to whether a matter is arbitrable, such grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within 30 days after the parties to settle a grievance by means of decision under Step 3 is given, the grievance procedure stated shall be deemed to have been abandoned. 9.02 When either party requests that any matter be submitted to arbitration as provided in Article 12the foregoing paragraphs, within it shall make such request in writing addressed to the other party to this Agreement and shall at the same time appoint a nominee. Within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentthereafter, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also shall appoint a his nominee and the two (2) nominees thus appointed shall, shall agree upon a third person to act as Sole Arbitrator. If the two (2) nominees are unable to agree upon a third person within ten (10) days thereafterafter the appointment of second nominee, select then a third member who person shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba upon the request of either party. 9.03 No matter may be submitted to select arbitration which has not been properly carried through all requisite steps of the grievance procedure within the time limits herein set out. 9.04 No person may be appointed as a substitutenominee or arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.05 Each of the parties hereto will bear the expenses of the nominee appointed by it and the parties will share equally the expenses of the Sole Arbitrator. 1305 Should The proceedings of the two (2) appointed nominees fail within ten (10) days to agree upon a ChairpersonSole Arbitrator will be expedited by the parties hereto, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that and the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall Sole Arbitrator will be final and binding upon the Employer, the Union parties and the nurse(s) employee or employees concerned; however, the . 9.06 The Sole Arbitrator or the Arbitration Board shall not be authorized to make any decisions a decision inconsistent with the provisions in of this Collective Agreement nor to alter, modify, add to or amend any part of this Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 ‌ 26:01 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 1225, within ten (10) days of the date upon which the written reply referred to in Article 12 25 is received from the Human Resources Director or equivalentAdministrator, the matter may then be referred to arbitration as hereinafter set forth. 1302 . 26:02 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 26:01 above, then the procedure stated below will be followed. 1303 . 26:03 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 members 26:04 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 . 26:05 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 . 26:06 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerCare Home, the Union and the nurse(sEmployee(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 . 26:07 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 . 26:08 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(sEmployee(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Care Home during the period of the layoff, suspension or discharge. 1309 . 26:09 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 incurring 26:10 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 . 26:11 Nothing in this Collective Agreement shall preclude a nurse an Employee or the Union committee and the Employer Care Home from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 . 26:12 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both the parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration Arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute dis- pute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board or the decision of the Arbitrator, shall be final and binding upon the Employer, the Union and the nurse(s) concernednurse concerned and the Employer; however, the Arbitrator or the Arbitration Board board shall not be authorized to make any decisions inconsistent with the provisions in of this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure procedure, but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationArbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration Arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining the lengths of time in the foregoing procedurethis Article, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance Article twelve (12) and arbitration procedures Article thirteen (13) or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 1101 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 1210, within ten (10) days of the date upon which the written reply referred to in Article 12 10 is received from the Human Resources Director or equivalentExecutive Director, the matter may then be referred to arbitration as hereinafter set forth. 1302 1102 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 1101 above, then the procedure stated below will be followed. 1303 1103 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees members thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 1104 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 1105 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 1106 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerCare Home, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 1107 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 1108 In the event of a grievance alleging unjust layofflay-off, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Care Home during the period of the layofflay-off, suspension or discharge. 1309 1109 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 1110 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 1111 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer Care Home from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 1112 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 1113 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In 44.1 The Employer, the event Union and the Arbitrator/Arbitration Board shall make every effort to promote and ensure the speedy dispatch of arbitration cases. Both Parties wish and expect Arbitration Boards and single arbi- trators named under this article to observe the time limits specified, to conduct business and to render decisions with as much expedition as is reasonably possible. 44.2 When either Party requests that a grievance be submitted to arbitration, the request shall be made within fifteen (15) working days of the failure date when the final decision referred to in Articles 43.4, 43.5, or 43.6 was made or should have been made. Such request shall be in writing and shall notify the other Party of its desire to submit the difference or alle- gation to arbitration and the notice shall contain the name of the parties person appointed to settle a grievance be an arbitrator by means the Party giving the notice. 44.3 The Party to whom notice is given shall, within five (5) days after receiving the notice, name the person whom it appoints to be an arbitrator and advise the Party who gave the notice of the grievance procedure stated name of its appointee. 44.4 The two (2) arbitrators named in Article 12accordance with this article shall within five (5) days after the appointment of the second (2nd) of them name a third (3rd) arbitrator who shall be the Chairperson of the Arbitration Board. 44.5 If the Party to whom notice is given fails to name an arbitrator within the period of ten (10) days after receiving the notice, or if the two (2) arbitra- tors named by the Parties fail to agree upon the naming of the Chairper- son within ten (10) days after the naming of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentsecond (2nd) arbitrator, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba of Nova Scotia shall, at the request of either Party, name an arbitrator on behalf of the Party who failed to select a substitute. 1305 Should name an arbitra- tor or shall name the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, as the two (2) nominees case may be, and, if the case so requires, the said Minister shall forward a request name the second arbitrator and Chair- person. The Arbitration Board named under this article shall hear relevant evi- dence adduced relating to the Minister difference or allegation and argument thereon by the Parties or counsel on behalf of Labour for Manitoba to select either or both of them and make a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that decision on the difference or allegation and the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, Parties and upon any person on whose behalf this Agreement was made. The decision of the Union and majority of the nurse(s) concerned; however, the Arbitrator or the members of an Arbitration Board named under this article shall not be authorized the decision of the Board and if there is no majority decision the decision of the Chair- person shall be the decision of the Board. 44.6 Regardless of any article herein to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event contrary, should both Parties agree, a single arbitrator may be used instead of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, three (3) member Ar- bitration Board. It is agreed that the Arbitrator or Board appointment of Arbitration a single arbitrator shall be authorized to rule whether seriously considered by both Parties in cases concerning an Em- ployee’s seniority or not the nurse(ssalary. a) concerned shall be reinstated andOn selection, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall or the single arbitrator shall, with all possible dispatch, arrange for the case to be borne heard. In any event, the hearing will take place within forty-five (45) calendar days of their selection unless this re- quirement is expressly waived by the parties hereto in equal shares. 1310 For Parties to the purposes Agreement. b) The Chairperson of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse Arbitration Board or the single arbitrator shall render a written decision with all possible dispatch and, in any event, within thirty (30) calendar days following the hear- ing. The Union committee and the Employer from may mutually agreeing agree to settle a dispute fur- ther extension of up to thirty (30) days. 44.8 The Arbitration Board or single arbitrator shall have the power to modify or set aside any penalty imposed by means other than those described in the grievance and arbitration procedures Employer relating to the discipli- nary matters before them, but shall not have the power to add, subtract or modify any terms of this Agreement, or to extend make any of the stipulated time limits. 1312 Nurses whose attendance decision incon- sistent with this Agreement. 44.9 An Employee who is required to attend an arbitration hearing by reason of being a grievor or a witness at arbitration hearings related to the Agreement such hearing shall be given permission permitted to be absent from work for the required period and shall not suffer any no loss in nor- mal pay. 44.10 Any member of salary as the Arbitration Board or the single arbitrator named un- der this article shall have access to University premises to view working conditions, machinery or operations which may be relevant to the resolu- tion of the grievance. 44.11 Each Party who is required to name a result. 1313 The Arbitrator member of the Arbitration Board shall be requested to provide both parties pay the remuneration and expenses of the member and witness(es) and the Parties shall pay the remuneration and expenses of the Chairper- son, or a single arbitrator in accordance with a hard Section 43 (paper2) copy as well as a disk/electronic version of an arbitration awardthe Trade Union Act.

Arbitration Procedure. 1301 North Central Region Biomed 11.1 If notice of a desire to arbitrate is not given within the time limit set forth in Article 10, Section 10.3, Step 3, then the Employer's decision shall be final and binding. Such notice shall be in writing and shall describe fully the nature of the grievance. 11.2 Only matters which come within the specific definition of a "grievance" as set forth in Article 10, Section 10.1 and which have been properly processed through the regular grievance procedure as set forth herein shall be considered. The parties shall promptly attempt to select an impartial arbitrator by mutual agreement within five (5) week days from date of notice of appeal to arbitration. In the event the Employer and the Union cannot agree on an arbitrator, the Union shall ask the American Arbitration Association to submit a panel of seven (7) arbitrators, and the failure of Employer and the parties Union shall each have the right to settle a grievance by means of the grievance procedure stated in Article 12, within ten request three (103) days of the date upon which the written reply referred to in Article 12 is received such Panels from the Human Resources Director or equivalentAmerican Arbitration Association. The parties will select an Arbitrator by alternately striking names from the panel, with the party bringing the matter may then be referred to arbitration striking the first name from such list. The Arbitrator remaining shall be designated as hereinafter set forth. 1302 If mutual agreement is not reached by both parties the Arbitrator to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit consider the matter in dispute dispute. 11.3 The Arbitrator shall have authority to decide only the issue(s) submitted to him and shall have no authority to change, amend, modify, supplement, or otherwise alter in any respect whatsoever this Agreement or any part hereof. Any award of the Arbitrator within the above limitation shall not be retroactive in any case to a Board of Arbitration by giving notice to the other party within a further date more than seven (7) days and by appointing before such grievance was first presented in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 Grievance Procedure. 11.4 It is mutually expressly agreed by both parties to this Collective Agreement and understood that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board said Arbitrator shall be final and binding upon all parties. 11.5 Either party shall have the Employer, right to have a Court Reporter or other qualified stenographer prepare a stenographic record of any arbitration proceeding at its own expense. 11.6 All fees and expenses incurred for the Union and the nurse(s) concerned; however, services' of the Arbitrator shall be borne equally by the parties. The fees and expenses incurred by each party in the presentation of its case shall be borne solely by the party incurring the fee or expense. 11.7 If a grievance has not been heard by the Arbitration Board selected Arbitrator within one (1) year after the date the grievance was first presented, then it shall be deemed denied and shall not be authorized to make any decisions inconsistent with heard by the provisions in this Collective Agreement. 1307 The Board Arbitrator; except that if the Employer causes the delay by its actions or lack of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationavailability, the Arbitrator or Board of Arbitration grievance shall be authorized allowed to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 proceed. 11.8 The Arbitrator shall not hear or decide more than one (1) grievance without the mutual consent of the Region and the Union. 11.9 In matters relating to employee discipline and/or discharge, the Arbitrator's authority will be requested limited to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.determining whether the employee engaged in misconduct or other prohibited behavior. North Central Region Biomed

Arbitration Procedure. 1301 In (a) When arbitration is invoked the event party making the request shall do so within 30 working days following the decision at Step 2. The request will include the name and address of its nominee to the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forthBoard. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) Within 30 working days from the time that receipt of the matter is referred to arbitration as defined in 1301 aboverequest, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party will advise the name and address of its nominee. The two nominees so selected shall, within 10 working days, attempt to select a further seven third person who shall act as Chairman. (7b) days and by appointing in that notice one (1) nominee Notwithstanding the above, the parties can agree to the use of the intended a single arbitrator instead of a three person Board of Arbitration. The other party to . 8.2 If the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a ChairpersonChairman within 10 working days, or within a mutually agreed period, they shall request the two Ontario Labour-Management Arbitration Commission to assist them. 8.3 No person shall be appointed as an arbitrator who has been involved in any attempt to settle the grievance to be arbitrated. 8.4 The matter before the Board of Arbitration shall be the grievance identified in 7.02 (2) nominees above, and such boards shall forward a request not have jurisdiction to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision alter or change any of the Arbitratorprovisions of this agreement, or nor to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this agreement. 8.5 The Board of Arbitration shall issue a decision, and such decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be is final and binding upon the Employer, parties and upon the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreementemployees. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period decision of the layoffmajority is the decision of the Board, suspension or discharge. 1309 Any costs incurred by either and if no majority exists the decision of the Chairman governs. 8.6 Each of the parties heretohereto will bear the expenses of its nominee and will jointly bear the expenses of the Chairman. 8.7 Any grievance not processed from one step to the other, preceding or during arbitration proceedingsincluding notice of desire to arbitrate, within the time limits set out above shall be borne deemed to have been dropped. Notwithstanding the time limits above may be extended by the respective parties incurring such costs, but the costs mutual agreement of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardwriting.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 1207 is received from the Human Resources Provincial Director or equivalentDesignate, the matter may then be referred to arbitration by the Union or the Employer as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole Arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the Arbitrators named or propose others. Where the parties are unable to agree on the choice of a single Arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an Arbitrator or proceed as outlined in Article1303. 1303 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from sole Arbitrator, in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees Arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees Arbitrators shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitrationArbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate alternative award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration Arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend in writing any of the stipulated time limits. 1312 Nurses whose attendance is required by the Employer at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Nurses whose attendance is required by the Union at arbitration hearings related to the Agreement shall be given permission to be absent from work without pay. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of the Arbitration award. 1314 In the interest of settling a grievance prior to an arbitration awardhearing and providing the parties mutually agree, the assistance of a grievance mediator may be requested from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be borne equally by the parties.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentExecutive Director, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee member and the two (2) nominees members thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees arbitrators fail within ten (10) days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerCare Home, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer Care Home during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer Care Home from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Attendance shall be no longer than is necessary for the purposes of the hearings. All parties shall cooperate in scheduling to minimize any impact on Care Home operations and work schedules. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentdesignated senior administrative representative, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board Board, shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required by the Employer at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. Nurses whose attendance is required by the Union at arbitration hearings related to the Agreement shall be given permission to be absent from work. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentdesignated senior administrative representative, the matter may then be referred to arbitration as hereinafter set forth. 1302 A referral for arbitration shall be made in writing by either party, addressed to the other party to this Agreement, within the time defined in Article 1301. The referral for arbitration shall contain the names of three (3) proposed sole arbitrators. The other party shall, within ten (10) days of the receipt of such notice, notify the party who referred the matter to arbitration of the acceptance of one of the arbitrators named or propose others. Where the parties are unable to agree on the choice of a single arbitrator, the party who referred the matter to arbitration may make application to the Manitoba Labour Board to select an arbitrator, or proceed as outlined in Article 1303. 1303 If mutual agreement is not reached by both parties to choose a single sole Arbitrator within ten (10) days from in accordance with the time that the matter is referred to arbitration as defined process in 1301 aboveArticle 1302, then the procedure stated below will be followed. 1303 Either party may who referred the matter to arbitration shall submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that such notice shall contain the party’s one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairpersonthe Chairperson of the Board of Arbitration. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his their place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Arbitrator or Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/an electronic version of an the arbitration award.

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute dis- pute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. The Union shall cooperate with the Employer in minimizing such costs and time lost from work. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

Arbitration Procedure. 1301 41.01 In the event a grievance is unresolved after being processed through all of the failure steps of the parties to settle a grievance Grievance Procedure, unless mutually waived or having passed through the various steps by means timely default of the grievance procedure stated in Article 12Employer, then within ten fifteen (1015) days after the rendering of the date decision at Step 3 or a timely default by the Employer at Step 3, the Union may submit the grievance to arbitration. Within this fifteen (15) day period, the parties will meet to attempt to mutually agree upon which the written reply referred to in Article 12 is received an arbitrator selected from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forthpermanent panel created by this procedure. 1302 If mutual such agreement is not reached reached, then the panel members' names will be stricken alternately until one (1) name remains who shall be designated the arbitrator to hear the grievance in question. 41.02 The arbitrator shall have no power or authority to add to, subtract from, or in any manner alter the specific terms of this Agreement or to make any award requiring the commission of any act prohibited by both parties law or to choose a single Arbitrator make any award that itself is contrary to law or violates any of the terms and conditions of this Agreement. 41.03 The arbitrator shall not decide more than one (1) grievance on the same hearing day or series of hearing days except by the mutual written agreement of the parties. 41.04 The hearing or hearings shall be conducted pursuant to the Rules of Voluntary Arbitration of the American Arbitration Association. 41.05 The fees and expenses of the arbitrator and the cost of the hearing room, if any, shall be borne by the party losing the grievance, all other expenses shall be borne by the party incurring them. Neither party shall be responsible for any of the expenses incurred by the other party. 41.06 The arbitrator's decision and award will be in writing and delivered within ten thirty (1030) days from the time that date the matter record is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitrationclosed. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board arbitrator shall be final and binding upon the Employer, parties. 41.07 There is hereby created a permanent panel of arbitrators to be used for the Union and the nurse(sselection of arbitrators pursuant to this Arbitration Procedure. Those individuals placed on this panel shall be: 1) concernedXxxxxx Xxxxx; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s2) concerned shall be reinstated Dr. Xxxxx Xxxxxx; and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.3)

Arbitration Procedure. 1301 In the event (a) Upon delivery of the failure of Arbitration Notice, the parties Company shall appoint one (1) arbitrator, the Trustee (or if the Trustee is not involved in such arbitration, the other Party) shall appoint one (1) arbitrator, and such appointed arbitrators shall appoint a third arbitrator. The arbitrators shall (i) not be related to, affiliated with or otherwise have any economic benefit in, the Party appointing such arbitrator, or any Person who is related to, affiliated to settle a grievance by means of the grievance procedure stated in Article 12or has an economic benefit in, within such Party, and otherwise shall be impartial, and (ii) be an active or retired Person with at least ten (10) days of the date upon which the written reply referred to years experience in Article 12 is received from the Human Resources Director or equivalentconstruction, the matter may then be referred to arbitration as hereinafter set forthdevelopment and/or construction lending. 1302 If mutual agreement is not reached by both parties either Party fails to choose a single Arbitrator an arbitrator within ten fifteen (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (715) days after the receipt delivery of such noticethe Arbitration Notice, also appoint a nominee and the requesting Party may choose two (2) nominees thus appointed arbitrators who shall, in turn, choose the third arbitrator. If the first two arbitrators have not chosen a third arbitrator within ten fifteen (1015) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by after the party who made last day of the original appointment, then selection of the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the first two (2) appointed nominees fail within ten (10) days to agree upon a Chairpersonarbitrators, each of the first two (2) nominees arbitrators shall forward a request name three (3) candidates, of whom the other arbitrator shall eliminate one candidate, and the determination of the third arbitrator shall be made from the remaining two (2) candidates by drawing lots. (b) The arbitration shall be conducted pursuant to the Minister fast track procedures specified in the American Arbitration Association's Construction Industry Arbitration Rules, and the Parties shall use their best efforts to resolve the dispute as soon as practicable. Each Party shall present its case to the arbitrators within fifteen (15) days following the date of Labour for Manitoba to select a Chairpersonthe appointment of the third arbitrator. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision a majority of the Chairperson in the absence of the majority decision of the Arbitration Board three arbitrators shall be final and binding upon the EmployerParties. A judgment may be entered upon the arbitration award in any court having jurisdiction. Any such arbitration shall take place in New York, New York, unless some other location is mutually agreed upon by the Union and Parties. The arbitrators shall resolve any dispute arising hereunder in a manner consistent with the nurse(s) concerned; however, intent of the Arbitrator or the Arbitration Board Parties as expressed in this Agreement. The arbitrators shall not be authorized to make award any decisions inconsistent with the provisions punitive, consequential or exemplary damages or any amount in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period excess of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission amount to be absent released from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardthe relevant Account(s).

Arbitration Procedure. 1301 In The parties shall appoint arbitrators and the event arbitrators shall determine the Prevailing Market Rate in accordance with the following procedure: (i) Within thirty (30) days following the Outside Agreement Date, Landlord and Tenant shall each appoint an arbitrator who shall be a licensed California real estate broker having significant experience in leasing suburban office space in the Pleasanton area for at least the immediately preceding ten (10) years prior to such appointment. The two (2) arbitrators so appointed shall jointly attempt to agree upon the Prevailing Market Rate. If the arbitrators are unable to agree on the Prevailing Market Rate within thirty (30) days after appointment of the failure last appointed of the parties to settle a grievance by means of the grievance procedure stated in Article 12two (2) arbitrators, then within ten (10) days after expiration of such thirty (30) period, the arbitrators shall meet and concurrently deliver to each other their respective written determinations of the date upon which Prevailing Market Rate for the written reply referred Extension Term supported by the reasons therefor, and promptly deliver copies of their determinations to in Article 12 is received from Landlord and Tenant. If the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement higher of such determinations is not reached by both parties to choose a single Arbitrator within ten more than one hundred five percent (10105%) days from of the time that the matter is referred to arbitration as defined in 1301 abovelower, then the procedure Prevailing Market Rate shall be the average of the two determinations. Otherwise, the Prevailing Market Rate shall be determined by a third arbitrator, as set forth below. (ii) The two arbitrators shall appoint a third arbitrator, having the qualifications stated below will be followedabove; provided, however, that such final arbitrator shall not have worked for Landlord or Tenant during the immediately preceding five (5) years, and shall notify the parties of the identity of such third arbitrator. 1303 Either If the two arbitrators are unable to agree upon a third arbitrator within fifteen (15) days after the determinations in the preceding subparagraph have been disclosed, either party may submit the matter in dispute to a Board of Arbitration by giving may, upon not less than five (5) days' written notice to the other party within party, apply to the American Arbitration Association for the appointment of a further seven (7) days third arbitrator meeting the qualifications stated above, and by appointing in that notice one (1) nominee the event of the intended Board failure, refusal or inability of Arbitration. The such entity to act, then either party may apply to the presiding judge for Alameda County, for the appointment of such arbitrator, and the other party shall not raise any question as to the dispute shall, within seven court's full power and jurisdiction to entertain the application and make the appointment. (7iii) Within thirty (30) days after submission of the receipt of such noticematter to the third arbitrator, also appoint the third arbitrator shall select the determination by either Landlord's arbitrator or Tenant's arbitrator as the Prevailing Market Rate and shall notify Landlord and Tenant thereof. The third arbitrator, if he or she so elects, may conduct a nominee hearing, at which Landlord and the two (2) nominees thus appointed shallTenant and their respective arbitrators may make supplemental oral and/or written presentations, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint with an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place opportunity for rebuttal by the party who made the original appointment, then the other party and its representatives and for questioning by the third arbitrator. No ex parte communications shall be permitted between the third arbitrator and Landlord or Tenant until after the third arbitrator has made his or her determination. The third arbitrator shall be limited solely to the dispute may request issue of whether the Minister determination by Landlord's arbitrator or Tenant's arbitrator is closest to the actual Prevailing Market Rate and shall have no right to propose a middle ground or to modify either of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, determinations or the two (2) nominees shall forward a request to the Minister provisions of Labour for Manitoba to select a Chairpersonthis Lease. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board third arbitrator shall be final and binding upon the EmployerLandlord and Tenant, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not may be authorized to make any decisions inconsistent enforced in accordance with the provisions in this Collective Agreementof California law. (iv) If either Landlord or Tenant fails to appoint an arbitrator within the time period specified hereinabove, the arbitrator appointed by one of them shall reach a decision, notify Landlord and Tenant thereof, and such arbitrator's decision shall be binding upon Landlord and Tenant. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of the failure, refusal or inability of an arbitrator to act, a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration successor shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, appointed in the event of reinstatement, same manner as the original arbitrator. (v) Each party shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed pay the difference between salary lost costs and any wages that may have been earned from employment with another employer during the period fees of the layoff, suspension or dischargearbitrator appointed by such party. 1309 Any The costs incurred by either and fees of the parties heretothird arbitrator, preceding or during arbitration proceedingsif applicable, shall be borne paid one-half by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne Landlord and one-half by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardTenant.