Common use of Arbitration Clause in Contracts

Arbitration. 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties.

Arbitration. 24.5.1 If 10.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance or where an allegation is made that this Agreement has been processed at Level Threeviolated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the Vice Chancellor other in writing of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by its desire to submit the District difference or allegation to arbitration. The notice shall contain the name of the Associationparty’s notification nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of intent to proceed to arbitrationthe reply under Step 2. The recipient party shall, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) working days. Each party shall alternately strike , advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a name until there is one name remaining. The remaining name time mutually agreed upon, appoint a third person who shall be the arbitratorChairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The party that strikes first arbitration board shall be determined by lot. 24.5.4 Advocates for hear and determine the parties in arbitration difference or allegation and shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association issue a decision and the District decision shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 24.5.1 If the Association decides to proceed 9.01 When a party desires that a grievance be submitted to arbitration, it shall, that party shall notify the other party of its desire to submit the matter to arbitration within twenty fourteen (2014) calendar days of receipt after receipt the date the decision at Step 2 of the written decision grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: Xxxxxxx Xxxxxx Xxxxx Xxxxx Xxxxx Xxxxxxxx 9.02 If any individual of the District above panel who, having been requested in response his turn to a grievance that has been processed at Level Threeact as arbitrator on an arbitration, notify shall be unable or unwilling to act, he shall not again be requested to act as arbitrator on any arbitration until his name comes up again on the Vice Chancellor regular rotation of Human Resources in writingthe panel. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 9.03 The arbitrator shall have no power not be deemed to add to, subtract from, disregard, or modify be willing to act unless s/he is in the terms position to convene the hearing within forty-two (42) days from the date of this Agreementhis/her selection. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application In the event none of the Agreementabove arbitrators is willing to convene a hearing within forty-two (42) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator will shall be submitted given within a period of twenty-eight (28) days after the closing of the arbitration hearing. 9.04 The arbitrator may determine his own procedure but shall give full opportunity to all parties to present evidence and to make representations. 9.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the General Manager or his designate (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the Association arbitrator, and the award of the arbitrator shall be confined to the District issues therein set out. 9.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall he have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as he may deem just in the circumstances. 9.07 The findings and will decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned. 9.08 The Company and the partiesUnion shall each pay one-half (1/2) of the fees and expenses of the arbitrator. 9.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure. 9.10 The time limits set out in the grievance procedure (Article 8) and the arbitration provisions (Article 9) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union. 9.11 In the interest of settling a grievance prior to an arbitration hearing, the Company and the Union may request the assistance of a grievance mediator where the grievance has been properly carried through the grievance procedure set out in Article 8 and referred to arbitration in accordance with this Article 9. The expenses and fees of the mediator shall be borne equally by the Company and the Union. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the Collective Agreement to impose or require the parties to accept his or her suggested settlement to the matter in dispute.

Arbitration. 24.5.1 10.01 As a condition precedent to any right of action hereunder, in the event of any dispute or difference of opinion hereafter arising between the Company and the Reinsurer with respect to this Agreement, or with respect to these Parties' obligations hereunder, it is hereby mutually agreed that such dispute or difference of opinion shall be submitted to arbitration. 10.02 One arbiter (an "Arbiter") shall be chosen by the Company and one Arbiter shall be chosen by the Reinsurer and an umpire (an "Umpire") shall be chosen by the Arbiters, all of whom shall be active or retired disinterested executive officers of property and casualty insurance or reinsurance companies. 10.03 In the event that a party fails to choose an Arbiter within thirty (30) days following a written request by either party to the other to name an Arbiter, the party who has chosen its Arbiter may choose the unchosen Arbiter. Thereafter, the Arbiters shall choose an Umpire before entering upon arbitration. If the Association decides Arbiters fail to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection for the Umpire within thirty (30) days following their appointment, each Arbiter shall name three nominees, of an arbitrator within whom the specified period of timeother shall decline two, the District and the Association decision shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. be made by drawing lots. 10.04 Each party shall alternately strike present its case to the Arbiters and Umpire within a name until there reasonable amount of time after selection of the Umpire, unless the period is one name remainingextended by the Arbiters and the Umpire in writing and/or at a hearing in Dallas, Texas. The remaining name Arbiters and Umpire shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered consider this Agreement as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievancean honorable engagement, as mutually determined by well as a legal obligation, and they are relieved of all judicial formalities and may abstain from following the parties. These provisions may be modified or waived by mutual agreement strict rules of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability law regarding entering of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreementevidence. The decision in writing by a majority of the arbitrator will be submitted to Arbiters and Umpire when filed with the Association and to the District and will Parties shall be final and binding on the parties. Judgment upon the partiesfinal decision of the Arbiters and Umpire may be entered in any court of competent jurisdiction. 10.05 In the event of a dispute between the Company and the Reinsurer concerning this Agreement and the General Agency Agreement (regardless of whether either party has claims against the General Agent), the entire dispute between the Company and the Reinsurer shall be subject to arbitration as provided in this Article X. 10.06 The costs of the arbitration, including the fees of the arbitrators and the umpire, shall be borne equally unless the Arbiters and Umpire shall decide otherwise. 10.07 This Agreement shall be interpreted under the laws of Texas and the arbitration shall be governed and conducted according to the Texas General Arbitration Act.

Arbitration. 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days 10.01 Failing settlement of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Threeunder the preceding procedure, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent such grievance may be submitted to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools arbitration within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be working days of either receipt of the arbitrator. The party that strikes first shall be determined Step 4 response or the expiry of the time limit for response by lotthe Employer, or where the parties consent to proceed to Step 5, within ten (10) working days of receipt of either the written recommendations from the Elders or the expiry of the time limit for response by the Elders, provided the grievance has been properly processed through the entire grievance procedure. 24.5.4 Advocates for 10.02 If a grievance is not referred to arbitration within the parties in arbitration shall exchange all documentary material ten (10) working day period, the grievance will be conclusively deemed to have been abandoned. (a) When either party requests that a grievance be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior referred to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing request shall be private. Attendance shall be limited made in writing addressed to the parties other party to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the this Collective Agreement. 24.5.8 (b) The arbitrator following arbitration provisions shall apply: (i) At the request of either party, the parties will meet and negotiate an Anishinabek Arbitration provision. Following the negotiation of an Anishinabek Arbitration provision, the parties shall comply with the Anishinabek Arbitration provision and Article 10.03(b)(ii) shall be of no force and effect; (ii) Pending the negotiation of an Anishinabek Arbitration provision: A. the Employer and the Union will attempt to agree on a single Anishinabek Arbitrator; B. failing agreement on a single Anishinabek Arbitrator, the Employer and the Union shall each select one (1) nominee and these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a non-Anishinabek Chairperson; C. at any time and despite Articles 10.03(b)(ii)(A) and (B), with the consent of the Employer and the Union a single Arbitrator may be used. (c) It is understood that the Arbitrator shall interpret this Collective Agreement and shall only deal with the questions which are submitted, and shall have no power to alter, add to, subtract fromor amend this Collective Agreement. (d) The Employer and the Union shall each be responsible for the fees and expenses of its own appointee, disregardif any, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application and for one-half (1/2) of the Agreement. The decision fees and expenses of either the arbitrator will be submitted individual appointed pursuant to the Association and Anishinabek Arbitration provision as the Chairperson or a single arbitrator agreed to the District and will be final and binding upon by the parties.

Arbitration. 24.5.1 21.01 If the Association decides parties fail to proceed settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration as follows: 21.02 The party requiring arbitration must serve the other party with written notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure. The reference to days excludes Saturdays, Sundays and public holidays. Time limits mentioned in this Article may be extended on consent of both parties. a. If a party wishes to arbitrate a dispute, it shall indicate whether it wishes to have this done by a board of arbitration or by a sole arbitrator. b. When either party requests that a grievance be submitted to arbitration, it the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall, within twenty ten (2010) days thereafter designate its nominee to the Board of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level ThreeArbitration. The two (2) so nominated shall endeavour, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within within ten (10) days after receipt by the District appointment of the Association’s notification second of intent to proceed to arbitrationthem, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator third person to serve. 24.5.3 act as Chairperson of the Board of Arbitration. If the District and the Association cannominees are not mutually able to agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools a third person as chairperson within ten (10) daysdays after the appointment of second person, then either party may request the Office of Arbitration of the Province of Ontario to appoint the third member and Chairperson of the Board of Arbitration. Each party All references in this Article to a board of arbitration shall alternately strike equally apply to a name until sole arbitrator. 21.04 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as chairperson of an arbitration board or as sole arbitrator. 21.05 The decision of a majority is the decision of the arbitration board but if there is one name remaining. The remaining name no majority, the decision of the chairperson of the arbitration board governs. 21.06 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the arbitrator. The party that strikes first date of mailing shall be determined by lotdeemed to be the date of service. 24.5.4 Advocates for 21.07 If a party fails to answer a grievance at any stage of the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationgrievance procedure, the Association other party may commence arbitration proceedings and if the District shall have equal access party in default refuses or neglects to documents and records that will assist appoint an arbitrator in adjusting accordance with this Article, the grievanceparty not in default may, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited upon notice to the parties party in default, appoint a single arbitrator to hear the grievance and their representatives. Witnesses his decision shall attend only while testifyingbe final and binding upon both parties. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it 21.08 It is agreed that the arbitrator is empowered arbitration board shall have the jurisdiction, power and authority to include give relief for default in any award such financial reimbursement or other remedies as are consistent complying with the Agreementtime limits set out in the articles dealing with grievance and arbitration procedures, where it appears that the default was due to a reliance upon words or conduct of the other party. 24.5.8 21.09 The arbitration board is to be governed by the following provisions: a. The arbitration board shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and upon any employee or Employer affected by it; b. The board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations; c. The board shall not have the power to alter or amend any of the provisions of this Agreement, except the time limits for grievances where the delay was occasioned by a reliance on words or conduct of the other party; d. The parties and the arbitrator shall have no access to the Employer’s premises to view working conditions or operations that may be relevant to the resolution of a grievance; e. The board shall not have the power to add to, subtract from, disregard, or amend a grievance. It shall have the power to modify the terms of disciplinary penalties; f. The board shall have jurisdiction to determine whether a grievance is arbitrable; g. The board shall not have the power to amend this Agreement. The arbitrator shall be restricted from making Agreement in order to give a recommendation that is not based on a violation or inequitable application of the Agreementdecision inconsistent with it. The decision of the arbitrator will majority of members of the Board of Arbitration shall be submitted the decision of the Board. If there is no majority, the decision of the Chairperson shall govern; h. Each of the parties shall pay one-half (½) of the remuneration and expenses of the Chairperson of the board, plus the cost of its nominee. 21.10 Notwithstanding the arbitration procedure outline above, a grievance, after the second step of the grievance procedure, may be referred to arbitration under the Association and to the District and will be final and binding upon the partiesprovisions of The Labour Relations Act.

Arbitration. 24.5.1 If 8.01 Both parties to this Agreement agree that any grievance concern- ing the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure out- lined in Article 7 above, and which has not been settled, will be referred to a board of arbitration at the request of either of the parties hereto. 8.02 The board of arbitration will be composed of one (1) person appointed by the Association, one (1) person appointed by the Union and one (1) person to act as Chairman, chosen by the other two (2) members of the board. 8.03 Within two (2) working days of the request of either party for a board, each party shall notify the other of the name of its appointee. 8.04 Should the person chosen by the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of act on the written decision of board and the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt person chosen by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt Union fail to agree upon on a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator third member as Chairman within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before of the first day notification mentioned in 8.03 above, the Minister of hearing. Labour of the Province of Ontario will be asked to nominate an impartial person to act as Chairman. 8.05 The names decisions of witnesses the board of arbitration or a majority of such board constituted in the above manner, or if there is no majority, the deci- sion of the Chairman, shall be exchanged at least five (5) days before binding upon the first day of hearing. Prior to arbitrationemployees, the Association and Union, the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District Employer and the Association. 24.5.5 8.06 The board of arbitration hearing shall be private. Attendance shall be limited not have any power to alter or change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the terms and provisions of this Agreement. 8.07 Each of the parties to this Agreement will bear the grievance expense of the arbitrator appointed by it and their representatives. Witnesses shall attend only while testifyingthe parties will jointly bear the expenses, if any, of the Chairman. 24.5.6 If any question arises as to the arbitrability .01 The nature of the grievance, such question will be ruled upon by the arbitrator remedy sought and shall first be decided by the arbitrator before consideration sec- tion or the sections of the merits Agreement which are alleged to have been vio- lated shall be set out in the written record of the grievancegrievance and may not be subject to change in later steps. 24.5.7 The arbitrator’s decision will .02 In determining the time, which is allowed in the various steps, Sundays, and Statutory Holidays shall be excluded, and any time limits may be extended by agreement in writing and will set forth the findings of fact, reasoning and conclusions writing; .03 If advantage of the issue submitted. The arbitrator will be without power provisions of authority to make any decision which requires Articles 7 and 8 hereof is not taken within the commission of an act prohibited by law time limits specified therein or which violates as extended in writing, as set out above, the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator grievance shall be restricted from making a recommendation that is deemed to have been abandoned and may not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesreopened.

Arbitration. 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to 7.01 When either party requests that a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed be submitted to arbitration, the District request shall be made by registered mail addressed to the other party of the Agreement, within forty (40) working days following the exhaustion of the grievance procedure, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Association Arbitration Board. The two (2) appointees shall attempt select an impartial chair. 7.02 If the two (2) appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveChair within seven (7) days of their appointment, the appointment shall be made by the Manitoba Labour Board upon request of either party. 24.5.3 If 7.03 The arbitrator may determine their own procedure, but shall give full opportunity to all parties to present evidence and make representations to the District and the Association cannot mutually agree upon the selection of an arbitrator. The arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools render a decision within ten (10) days. Each party shall alternately strike working days from the time a name until final meeting is held. 7.04 The decision of the majority of the members of the Arbitration Board is the decision of the Arbitration Board and, if there is one name remaining. The remaining name no decision that is common to a majority of the members, the decision of the Chair of the Arbitration Board shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material deemed to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement decision of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementArbitration Board. The decision of the arbitrator will Arbitration Board shall be submitted final, binding and enforceable on all parties. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions or make any decision contrary to the Association provisions of this Agreement. 7.05 Each party shall pay: a) the fees and expenses of the nominee it appoints, and b) one-half (½) of the fees and expenses of the Chair. 7.06 In the case of dismissal of, or other discipline to any Employee (except an Employee in their probationary period) for just cause, the justification for the dismissal or discipline and the nature and extent of the penalty imposed shall be subject to grievance as hereinbefore set out and the Arbitrator shall have the authority to provide the penalty which in the opinion appears to be just and equitable. 7.07 The time limits in both the grievance and arbitration procedure may be extended by mutual agreement and shall be confirmed in writing. 7.08 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 District and will be final and binding upon the partiessingle arbitrator.

Arbitration. 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to 7.01 When either party requests that a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed be submitted to arbitration, the District request shall be made by registered mail addressed to the other party of the Agreement, within forty (40) working days following the exhaustion of the grievance procedure, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Association Arbitration Board. The two (2) appointees shall attempt select an impartial chair. 7.02 If the two (2) appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveChair within seven (7) days of their appointment, the appointment shall be made by the Manitoba Labour Board upon request of either party. 24.5.3 If the District 7.03 The arbitrator may determine his own procedure, but shall give full opportunity to all parties to present evidence and the Association cannot mutually agree upon the selection of an make representations to him. The arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools render his decision within ten (10) days. Each party shall alternately strike a name until working days from the time he holds his final meeting. 7.04 The decision of the majority of the members of the Arbitration Board is the decision of the Arbitration Board and, if there is one name remaining. The remaining name no decision that is common to a majority of the members, the decision of the Chair of the Arbitration Board shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material deemed to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement decision of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementArbitration Board. The decision of the arbitrator will Arbitration Board shall be submitted final, binding and enforceable on all parties. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions or make any decision contrary to the Association provisions of this Agreement. 7.05 Each party shall pay: a) the fees and expenses of the nominee it appoints, and b) one-half (½) of the fees and expenses of the Chair. 7.06 In the case of dismissal of, or other discipline to any employee (except an employee in her probationary period) for just cause, the justification for the dismissal or discipline and the nature and extent of the penalty imposed shall be subject to grievance as hereinbefore set out and the Arbitrator shall have the authority to provide the penalty which in his opinion appears to be just and equitable. 7.07 The time limits in both the grievance and arbitration procedure may be extended by mutual agreement and shall be confirmed in writing. 7.08 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 District and will be final and binding upon the partiessingle arbitrator.

Arbitration. 24.5.1 If the Association decides 10.01 When either party wishes to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to have a grievance referred to arbitration it shall give written notice of such referral to the other party within the time limits set out above, and at the same time appoint its nominee to the Arbitration Board. Within nine (9) calendar days, the other party shall appoint its nominee, provided that has been processed at Level Threeif such party fails to appoint its nominee, notify the Vice Chancellor Minister of Human Resources in writing. 24.5.2 Within ten (10) days after receipt Labour for the Province of Ontario shall have power to effect such appointment upon application by the District of party invoking the Association’s notification of intent to proceed to arbitration, the District and the Association arbitration procedure. The two nominees shall attempt to agree upon select, by agreement, a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servechairman of the Arbitration Board. 24.5.3 If the District and the Association cannot mutually agree upon the selection of 10.02 No person may be appointed as an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced who has been involved in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material an attempt to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 The arbitrator’s decision will 10.03 No matter may be in writing and will set forth the findings of fact, reasoning and conclusions submitted to arbitration which has not been properly carried through all requisite steps of the issue submitted. Grievance Procedure. 10.04 The arbitrator will Arbitration Board shall not be without power of authority authorized to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent inconsistent with the provisions of this Agreement, nor to alter, modify, add to, or amend any part of this Agreement. 24.5.8 10.05 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application proceedings of the Agreement. The Arbitration Board may be expedited by the parties hereto; and the decision of the arbitrator will majority shall be submitted to final and binding. Where there is no majority, the Association and to decision of the District and Chairman will be final and binding upon the parties hereto and the nurse or nurses concerned. 10.06 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 of the chairman of the Arbitration Board. 10.07 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned, subject only to the provisions of Section 44(6) of the Labour Relations Act. 10.08 Wherever Arbitration Board is referred to in this Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time the reference to arbitration and the other provisions referring to Arbitration Board shall apply accordingly.

Arbitration. 24.5.1 If a) The parties will review case by case the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt appropriateness of the written decision following expedited arbitration process for grievances arising from the Expedited Redeployment Grievance process. b) An arbitrator acceptable to the parties, will be retained as arbitrator for Employment Continuity grievances and he will be asked to deal with agreed-upon cases according to the terms (c) below. The arbitrator shall control the proceedings and retain jurisdiction to require further submissions of fact or argument as he deems necessary to determine the matter. c) The expedited arbitration process will require the following: i. each grievance can be heard on one day, more than one grievance may be scheduled per day subject to the arbitrator’s direction. ii. the parties will prepare and sign a Joint Statement of the District in response facts giving rise to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitrationdispute, the District facts in dispute (to the extent practicable), and any agreement as to the Association shall attempt issues to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be decided by the arbitrator. The party that strikes first shall Joint Statement must be determined by lotdeveloped prior to scheduling the hearing date. 24.5.4 Advocates for iii. each party will present three copies of a Case Statement at the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before outset of the first day of hearing. The names of witnesses shall Case Statement will state the issues to be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationdetermined, the Association facts on which the party relies, and a summary of the District shall have equal access position of the party, supported by documentary exhibits and references to documents the Collective Agreement, jurisprudence or other authorities. iv. witnesses may be called where the arbitrator rules that there is a material factual dispute and records that will assist in adjusting determines which parts of the evidence sought to be called appear relevant and material to the determination of the grievance, as mutually determined by the parties. These provisions may Witnesses will be modified or waived by mutual agreement of the District under oath and the Associationsubject to examination and cross-examination. 24.5.5 The arbitration hearing shall be private. Attendance shall v. oral argument will be limited to the parties to position of the grievance party set out in the Case Statement and their representatives. Witnesses shall attend only while testifyingthe rebuttal of the other party’s argument. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submittedvi. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted determine the matter as soon as possible, with a written decision issued to the Association and parties within ten working days of the hearing date. Failure to the District and meet a time limitation under this process will be final and binding upon deemed a technicality that does not invalidate the partiesproceedings or the award. d) Where the parties do not agree that a case is appropriate for this procedure, it will be dealt with by the same arbitrator as a conventional referral to arbitration.

Arbitration. 24.5.1 If the Association decides to proceed (a) When either party requests that a grievance be submitted to arbitration, it shall, within twenty (20) days of receipt after receipt of such party shall make the written decision of request in writing addressed to the District in response other party to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 this Agreement. Within ten (10) days after receipt by working days, the District parties shall meet and attempt to select an impartial arbitrator from their pre- established list of arbitrators as outlined in 8.01(b). (b) The parties will select from a pre-established list of impartial arbitrators. 8.02 Where none of the Association’s notification of intent to proceed to arbitrationarbitrators from the pre-established list are available within ninety (90) working days, the District and parties shall jointly, within five (5) working days, request the Association shall attempt Minister of Labour to agree upon submit to them a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection list of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names from which the arbitrator will be selected by striking. The party requesting arbitration shall first strike one name from the list and each party shall thereafter strike names alternatively until one remains. The person whose name remains shall be designated as the arbitrator. 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.04 The unsuccessful party will bear the expenses of persons experienced in hearing grievances involving public schools within ten (10) daysthe impartial arbitrator subject to the Arbitrator's discretion. Each party shall alternately strike a name until there is one name remainingbear the expenses of their witnesses. 8.05 Subject to the provisions of Article 7 above, no matter may be submitted to Arbitration, which has not been carried through Stage Two of the grievance procedure. The remaining name shall parties agree that failure to comply with 7.01 does not constitute a bar to Arbitration. Particulars and documents to be relied upon at Arbitration will be exchanged between the arbitrator. The party that strikes first shall be determined by lotparties at least two weeks in advance of the hearing date. 24.5.4 Advocates for the parties in arbitration 8.06 The Arbitration Board shall exchange all documentary material to not be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority authorized to make any decision which requires inconsistent with the commission of an act prohibited by law or which violates the terms provisions of the Agreement. However, it is agreed that the arbitrator is empowered to include in alter, modify or amend any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application part of the Agreement. , and shall deal only with differences 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. 8.07 The proceedings of the Arbitration Board will be expedited by the parties hereto, and the decision of the arbitrator will be submitted to the Association and to the District and such Board will be final and binding upon the partiesparties hereto. 8.08 At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the employee, or employees, concerned and any necessary witnesses, or documents relevant to the issue, and all reasonable arrangements will be made to permit the conferring parties to have access to the plant to view disputed operations and to confer with the necessary witnesses.

Arbitration. 24.5.1 If 13.01 Where a difference arises between the Association decides Parties relating to the administration, application, interpretation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the grieving Party may, within 20 business days after the Step 2 written response is received or due, provide written notification to the other Party of its intention to proceed to arbitration. 13.02 An arbitration hearing will proceed before a single arbitrator. 13.03 In its written referral pursuant to Article 13.01, the referring Party will list 3 proposed arbitrators. If the responding Party does not agree to any of the 3 proposed arbitrators, it shall, will propose 3 alternate arbitrators within twenty (20) 10 business days of receipt after receipt of receiving the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingarbitration referral. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 13.04 If the District and the Association Parties cannot mutually agree upon the selection of on an arbitrator within 30 days after the specified period responding Party received the initial arbitration referral, then either Party may request that the Minister of timeLabour appoint a sole Arbitrator pursuant to the provisions of section 48 of the Labour Relations Act, or, the District Parties may continue to attempt to reach agreement on an arbitrator. 13.05 The fees and expenses of the Arbitrator will be shared equally by the Union and the Association University. Subject to Article 13.06, each Party shall each submit five (5) names bear the fees and expenses of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be its witnesses and of the arbitrator. The party that strikes first shall be determined by lotpreparation and presentation of its own case. 24.5.4 Advocates 13.06 The Union must, with as much advance notice as possible, submit a leave request to the Director, Employee/Labour Relations for any bargaining unit employee whom the parties in Union wishes to attend an arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names grievor and Chief Xxxxxxx or designate will be paid at her/his regular hourly rate for time lost by her/him as a result of witnesses shall be exchanged at least five (5) days before the first day of attending an arbitration hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 13.07 The arbitration hearing shall be private. Attendance shall be limited Arbitrator has the power and authority provided for in the Labour Relations Act and to the parties to the grievance hear and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of determine the grievance. 24.5.7 13.08 The arbitratorArbitrator’s decision will shall be in writing final and will set forth binding upon the findings of factParties and upon any employee affected by it, reasoning and conclusions of subject to the issue submitted. The arbitrator will be without power of limitation that the Arbitrator shall have no authority to make any decision which requires the commission of an act prohibited by law or which violates that is inconsistent with the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement this Agreement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregardchange, alter, modify or modify amend any of the terms provision(s) of this Agreement. . 13.09 The arbitrator Arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application deal solely with the matter in dispute within the confines of this Agreement and any legislation over which the Arbitrator has the jurisdiction to interpret and apply pursuant to the Labour Relations Act. 13.10 Should the Parties disagree as to the meaning of the AgreementArbitrator’s decision, either Party may apply to the Arbitrator to clarify the decision. This provision shall not be interpreted such as to prevent either Party from seeking judicial review of an Arbitrator’s decision. 13.11 The decision time limits referred to in this Article 13 may be extended by written mutual agreement of the arbitrator will be submitted Parties. 13.12 Nothing in this Article shall prevent the Union or the University from exercising its right to use Section 49 of the Association and to the District and will be final and binding upon the partiesLabour Relations Act.

Arbitration. 24.5.1 If 10.1 Where a difference arises between the Association decides Centre and the Union relating to proceed the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, and the grievance has not been resolved in the Grievance Procedure, either of the parties may notify the other party in writing of its desire to submit the grievance to arbitration, it shall, . Such notice must be given in writing to the other party within twenty fifteen (2015) working days of receipt after receipt of the written decision is rendered at Step 2 of the District in response Grievance Procedure. If no written request for arbitration is received within fifteen (15) working days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned. 10.2 The Notice to Arbitrate shall contain the name of a grievance that has been processed at Level Three, nominee to the Board of Arbitration. Within fifteen (15) working days thereafter the other party shall name a nominee and notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten other party. The two (102) days after receipt nominees so appointed shall confer and attempt to select by agreement the District Chair of the Association’s notification Board of intent to proceed to arbitration, Arbitration within fifteen (15) working days from the District and appointment of the Association shall attempt last nominee. If they are unable to agree upon such a mutually acceptable arbitrator and obtain Chair, either nominee or party may request the Minister of Labour for the Province of Ontario to appoint a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remainingChair. The remaining name Arbitration Board shall be hear and determine the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator matter and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any a decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties and upon any employees affected by it. 10.3 The Arbitration Board shall not have any authority to alter or amend in any way the provisions of this Agreement; to substitute any new provisions in lieu thereof; to give any decision inconsistent with, or contrary to, the terms and conditions of this Agreement; in any way to modify, add to, or delete from any provision of this Agreement; or to consider any matter not covered by a provision of the Agreement. 10.4 Each party shall pay its own expenses, including witnesses, and the fees and expenses of the Arbitrator shall be borne equally by the parties. 10.5 The time limits and procedures set out in the Grievance and Arbitration provision herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned. For the purposes of Articles 9 and 10, the term “working days” will exclude Saturdays, Sundays and Holidays. 10.6 No matter may be submitted to arbitration which has not been properly carried through all steps of the Grievance Procedure and within the time limits specified or any agreed upon written extension thereof.

Arbitration. 24.5.1 If the Association decides to proceed to elects arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor Department of Human Resources or its designee and the Association or its designee shall discuss selection of an Arbitrator. If the parties agree on an Arbitrator, the District’s designee shall submit a request within five (5) work days to the selected individual to preside over the Grievance. In the event that the parties cannot agree on the choice of an Arbitrator, they shall submit a joint request to the American Arbitration Association for a list of seven (7) Arbitrators skilled in writing. 24.5.2 arbitration of educational and/or clerical workplace issues. Within ten (10) work days after receipt by the District of the Association’s notification receipt of intent to proceed to arbitrationthe list, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection representatives of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall meet and alternately strike a name on the list. The last name remaining shall be the appointed Arbitrator. 5.4.3.2.1 The Arbitrator will have equal access authority to documents hold hearings and records that will assist in adjusting the grievance, as mutually determined make procedural rules. 5.4.3.2.2 All hearings held by the parties. These provisions may Arbitrator shall be modified or waived by mutual agreement in closed sessions and no news releases shall be made concerning progress of the District hearings. 5.4.3.2.3 The Board and Association will present all relevant material so that the Arbitrator will have complete information upon which to base a decision. A copy of any information presented to the Arbitrator will be provided to the Association by the Board and to the Board by the Association in advance of the hearing. 5.4.3.2.4 The Association and the AssociationDistrict will mutually exchange written witness lists at least two work days in advance of the hearing. 24.5.5 5.4.3.2.5 The arbitration hearing shall be private. Attendance shall be limited to Arbitrator will issue a report within thirty (30) business days after the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability close of the grievance, such question will be ruled upon by the arbitrator hearings and shall first be decided by the arbitrator before consideration submission of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submittedany post hearing briefs. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. 5.4.3.2.6 The Arbitrator’s report shall be submitted in writing to the Board and the Association only, and shall set forth the Arbitrator’s finding of fact, reasoning, conclusions, and recommendations on the issues submitted. The Arbitrator’s recommendations shall be consistent with law and with the terms of this Agreement. The arbitrator Arbitrator’s report shall be restricted from making a recommendation that is advisory only, and not based binding on a violation the Board or inequitable application the Association. 5.4.3.2.7 Within seven (7) work days after receiving the report of the AgreementArbitrator, the Board’s designee and the Association’s designee will meet to discuss the report. If the Association wishes to respond to the Arbitrator’s recommendation, the Association may submit a written response to the Board’s designee within fourteen (14) work days following the Association’s receipt of the report of the Arbitrator. The Board will review and consider any documents provided by the District or its designee and any response by the Association and shall accept or reject the Arbitrator’s recommended decision at the next regular meeting of the arbitrator will Board of Education after receipt of the Arbitrator’s recommended decision unless the Association and the Board agree in writing to extend this deadline. No public release may be made until after the issue has been submitted to the Board for its decision. 5.4.3.2.8 The costs for the services of the Arbitrator or mediator including per diem expenses, if any, plus actual and necessary travel and subsistence expenses, shall be shared equally by the Board and the Association. 5.4.3.2.9 Upon mutual written consent of the Association and the Board, or at the request of the arbitrator, the parties may make a recording of the arbitration proceedings. Any party may request an official stenographic record of the testimony of the hearings. The party requesting shall pay the costs. If the other party requests a copy of the record, both parties shall split the cost of making the stenographic record. 5.4.3.2.10 In appropriate cases, both parties may agree to follow the District expedited rules and will procedures of the American Arbitration Association or the Federal Mediation and Conciliation Services FMCS in processing any Grievance at Level III, except that the Arbitrator shall always be final and binding upon the partieschosen pursuant to Article 5.5.3.2.

Arbitration. 24.5.1 If 11.01 Where a difference arises between the Association decides Parties relating to proceed the administration, application, interpretation or alleged violation of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shallthe grieving Party may, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) working days after receipt by the District Step 2 written response is received or due, provide written notification to the other Party of the Association’s notification of intent its intention to proceed to arbitration. 11.02 An arbitration hearing will proceed before a single arbitrator. 11.03 In its written referral pursuant to Article 11.01, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 referring Party will list three (3) proposed arbitrators. If the District and responding Party does not agree to any of the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time3 proposed arbitrators, the District and the Association shall each submit five it will propose three (53) names of persons experienced in hearing grievances involving public schools alternate arbitrators within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be working days after receiving the arbitrator. The party that strikes first shall be determined by lotarbitration referral. 24.5.4 Advocates 11.04 If the Parties cannot agree on an arbitrator within thirty (30) calendar days after the responding Party received the initial arbitration referral, then either Party may request that the Minister of Labour appoint a sole Arbitrator pursuant to the provisions of section 48 of the Labour Relations Act, or, the Parties may continue to attempt to reach agreement on an arbitrator. 11.05 The fees and expenses of the Arbitrator will be shared equally by the Union and the University. Subject to 11.06, each Party shall bear the fees and expenses of its witnesses and of the preparation and presentation of its own case. 11.06 The Union must, with as much advance notice as possible, submit a leave request to the Director, Employee/Labour Relations for any bargaining unit employee whom the parties in Union wishes to attend an arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names grievor and Chief Xxxxxxx or designate will be paid at their regular hourly rate for time lost by them as a result of witnesses shall be exchanged at least five (5) days before the first day of attending an arbitration hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 11.07 The arbitration hearing shall be private. Attendance shall be limited Arbitrator has the power and authority provided for in the Labour Relations Act and to the parties to the grievance hear and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of determine the grievance. 24.5.7 11.08 The arbitratorArbitrator’s decision will shall be in writing final and will set forth binding upon the findings of factParties and upon any employee affected by it, reasoning and conclusions of subject to the issue submitted. The arbitrator will be without power of limitation that the Arbitrator shall have no authority to make any decision which requires the commission of an act prohibited by law or which violates that is inconsistent with the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement this Agreement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregardchange, alter, modify or modify amend any of the terms provision(s) of this Agreement. . 11.09 The arbitrator Arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application deal solely with the matter in dispute within the confines of this Agreement and any legislation over which the Arbitrator has the jurisdiction to interpret and apply pursuant to the Labour Relations Act. 11.10 Should the Parties disagree as to the meaning of the AgreementArbitrator’s decision, either Party may apply to the Arbitrator to clarify the decision. This provision shall not be interpreted such as to prevent either Party from seeking judicial review of an arbitrator’s decision. 11.11 The decision time limits referred to in this Article 11 may be extended by written mutual agreement of the arbitrator will be submitted Parties. 11.12 Nothing in this Article shall prevent the Union or the University from exercising its right to use Section 49 of the Association and to the District and will be final and binding upon the partiesLabour Relations Act.

Arbitration. 24.5.1 If (a) The parties agree that any grievance which has been properly carried through all of the Association decides to proceed to arbitration, it above steps and which has not been settled shall, upon the written request of one of the parties made within twenty thirty-one (2031) days of receipt after receipt the answer of the Joint Standing Committee and delivered to the other party within such time, be referred to a Board of Arbitration or, if the Company and the Union agree, to a single arbitrator. (b) If no written decision request is received within the time stipulated, the grievance shall be deemed to have been settled in accordance with the answer made by the Employer designate and shall not be submitted to arbitration or be arbitrable. (c) In the case of a Board of Arbitration the board will be composed of one person appointed by the Employer, one person appointed by the Union, and a third person to act as Chairman, to be chosen by the other two members of the District Board. Within fifteen (15) days of the request by either party, each party shall notify the other of the name of his appointee. (d) Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third person within three (3) weeks of notification as set out above, the Minister of Labour for the Province of Ontario may be asked to nominate a person to act as Chairman. (e) Decisions of the Board of Arbitration, or a majority thereof, shall be binding on both parties. Decisions of a sole arbitrator shall be binding on both parties. (f) The Board of Arbitration or a sole arbitrator shall not have any power to alter, modify, amend or change any of the provisions of this Agreement or to substitute any new provisions, or to give any decision inconsistent with the terms and provisions of this Agreement or to deal with any matter not covered by the agreement. (g) The fees of the Chairman of a Board of Arbitration, or the fees of a single arbitrator, will be paid in response to a grievance that equal shares by both parties. (h) No person will be selected as arbitrator who has been processed at Level Three, notify the Vice Chancellor of Human Resources directly involved in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent attempts to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 The arbitrator’s decision will be (i) Whenever a grievance is referred to arbitration in writing and will set forth the findings case of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission dismissal of an act prohibited by law or which violates Employee, such arbitration shall take precedence over any other arbitration case being studied at the terms of same time, provided the Agreement. However, it is agreed that rules stipulated in the arbitrator is empowered to include in any award such financial reimbursement or other remedies as present Agreement are consistent with the Agreementnot violated. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties.

Arbitration. 24.5.1 If In the event the aggrieved person together with the Association decides to proceed to arbitration, it shall, is not satisfied with the disposition of the grievance at Level Two or if no decision has been rendered within twenty (20) days of receipt after receipt of the written decision of Level Two grievance request, the District grievance may be submitted in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten writing within twenty (1020) days after receipt to binding arbitration. The arbitrator shall be mutually agreed to by the District of the Association’s notification of intent to proceed to arbitrationparties, or if they cannot agree, the District and arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If likewise govern the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) daysarbitration hearing. Each Neither party shall alternately strike a name until there is one name remainingbe permitted to assert in such arbitration proceeding any ground to or rely on any evidence not previously disclosed to the other. The remaining name It shall be the function of the arbitrator. The party that strikes first , and he/she shall be determined by lotempowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement. 24.5.4 Advocates for 1. It is expressly agreed that the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement power of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance arbitrator shall be limited in each case to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability resolution of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submittedsubmitted to him/her. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it It is further specifically agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregardor modify, or modify any of the terms of this Agreement. The Arbitration shall be limited to a substantiated claim of misinterpretation, misapplication, or violation of the negotiated Agreement. When the arbitrability of the issue is challenged, the arbitrator shall be restricted from making a recommendation that is not based first hear and rule on a violation or inequitable application the question of arbitrability before hearing the merits of the Agreementissue. The decision of the arbitrator will be submitted to the Association and to the District and will shall be final and binding on both parties, when the arbitrator has not exceeded the limitations placed upon arbitration by the partiesprovisions of this negotiated Agreement. 2. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. 3. No decision in any one case shall require retroactive adjustment in any other case. 4. He/she shall have no power to establish salary scales. 5. He/she shall have no power to rule on any of the following: a. The termination of services of or failure to re-employ any pro- bationary teacher. b. The termination of services or failure to reemploy any teacher to a position other than his/her basic position. c. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, including any matter subject to the procedures specified in the Teacher's Tenure Act (Act IV Public Acts, Extra Session of 1937 of Michigan, as amended). d. Any matter involving teacher evaluation except as outlined in this Agreement. e. Discretionary action reserved to the District. f. Curriculum, textbook selection and course content. g. Teacher assignment, transfer and evaluation. h. Reduction in personnel except specific negotiated procedures, arbitration of procedures shall be limited to a procedural remedy.

Arbitration. 24.5.1 If the Association decides 8.01 When either party requests that any matter be submitted to proceed to arbitrationarbitration as hereinbefore provided, it shall make such request, in writing, addressed to the other party to this Agreement, and at the same time appoint their nominee. 8.02 Within fifteen (15) working days thereafter, the other party shall appoint their nominee and notify the other party. 8.03 The two nominees so nominated shall, within twenty fifteen (2015) working days of receipt after receipt the nomination of the written decision latter of the District in response to a grievance that has been processed at Level Threethem, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon settle by agreement the selection of an arbitrator within the specified period third person to be a member and chairperson of timethe Arbitration Board. In the event the two nominees are unable to agree, the District and Minister of Labour, upon the Association shall each submit five (5) names request of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be either Party, may appoint the arbitrator. The party that strikes first shall be determined by lotchairperson. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions 8.04 No matter may be modified or waived by mutual agreement submitted to arbitration which has not been carried through all requisite steps of the District and the AssociationGrievance Procedure. 24.5.5 The arbitration hearing shall 8.05 No person may be private. Attendance shall be limited appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of negotiate or settle the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. 8.06 The arbitrator will shall not be without power of authority authorized to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 24.5.8 8.07 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application proceedings of the Agreement. The Arbitration will be expedited by the parties hereto and the decision of the arbitrator will be submitted to the Association and to the District and Arbitrator will be final and binding upon the partiesparties hereto and the employee or employees concerned. 8.08 Each of the parties hereto will jointly bear the fees and expenses of the Arbitrator. Each of the parties hereto will bear the fee and expenses of the nominee appointed by them. 8.09 The time limits fixed in both the Grievance and Arbitration Procedure may be extended by consent of the parties of this Agreement. 8.10 A griever or any employee with a legally vested interest shall not lose any pay for regular time spent at an Arbitration Hearing. Necessary witnesses shall not lose any pay for the day(s) of testimony.

Arbitration. 24.5.1 9.01 Failing settlement under the grievance procedure of any difference between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any questions as to whether a matter is arbitrable, either party may within fourteen (14) calendar days following a reply in the final step of the grievance procedure, submit such grievance to arbitration as set out hereunder. 9.02 The notice shall be in writing addressed to the other party and shall contain the name of the first [1st] party's appointee to the Board of Arbitration. 9.03 Within fourteen (14) calendar days thereafter the recipient of the notice shall inform the other party of the name of its appointee to the Board. 9.04 The two (2) appointees shall within fourteen (14) calendar days of the appointment of the second [2nd] of them, select a third [3rd] person who shall be the Chairperson. If the Association decides two (2) parties fail to proceed agree upon a Chairperson within the time prescribed, either party may request the Minister of Labour to arbitration, it shall, within twenty appoint a Chairperson. 9.05 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. (20a) days of receipt after receipt The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any provision in lieu thereof, or to give any decision inconsistent with the terms and provisions of this Agreement. (b) Where the Arbitration Board determines that a nurse has been discharged, suspended or otherwise disciplined by the Employer for cause and there is no specific penalty for the infraction agreed to by the Employer and the Association as comprising a part hereof, the Arbitration Board may substitute such other penalty as the Arbitration Board deems just and reasonable in all the circumstances. 9.07 No matter shall be dealt with at Arbitration which has not been properly carried through all the previous steps of the grievance procedure. 9.08 The written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District majority of the Association’s notification Board of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until Arbitration or if there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationno majority, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing Chairperson shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesEmployer, the Association and the nurse or nurses concerned. 9.09 Each of the parties will bear the expense of the Arbitrator appointed by it and each of them shall pay half the remuneration and expenses of the Chairperson.

Arbitration. 24.5.1 If 8.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either party may after exhausting any grievance procedure established by this agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration, it . The notice shall contain the name of the party’s appointee to an Arbitration Board and shall be delivered to the other within thirty (30) days of the reply under Step 3 of the Grievance Procedure. The recipient party shall, within twenty (20) days of receipt after receipt ten working days, advise the other of the written decision name of its appointee to the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingArbitration Board. 24.5.2 Within ten (10) days after receipt by 8.02 The two appointees so selected shall appoint a third person who shall be the District of Chairman. If the Association’s notification of intent recipient party fails to proceed to arbitration, appoint its member or if the District and the Association shall attempt two appointees fail to agree upon a mutually acceptable arbitrator Chairman, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and obtain determine the difference or allegation and shall issue a commitment from said arbitrator to serve. 24.5.3 If the District decision and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association decision shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board. 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.04 The Board of Arbitration shall not have power to alter or change any of the provisions of this agreement, 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 Where a grievance resulting from a discharge or suspension which is filed under Article 7 is not settled and duly comes before an arbitration board, the board may make a ruling: (a) Confirming the employer’s action; or (b) Reinstating the employee with compensation for regular time lost (except for the amount of any remuneration or compensation the employee has received from any other source pending the disposition of his case); or (c) Disposing of the grievance in any other manner that may be deemed by the board to be just and equitable. 8.06 The fees and expenses of the Chairman shall be paid one- half each by the Company and the Union.

Arbitration. 24.5.1 If 29.01 The Party desiring arbitration shall submit a list of four (4) Arbitrators and shall notify the Association decides to proceed to arbitration, it shall, other Party in writing of the name and address of the persons so nominated and particulars of the matter in dispute. 29.02 The Party receiving the notice shall within twenty five (205) days thereafter notify the other Party of receipt after receipt its selection, if any, from the Arbitrators submitted. 29.03 Failing agreement, the two (2) parties shall confer to select an Arbitrator and failing for three (3) days to agree upon a person willing to act, either of them may apply to the Honourable Minister of Labour to appoint an Arbitrator. 29.04 The Arbitrator shall sit, hear the Parties, settle the terms of the written decision of the District in response question to a grievance that has been processed at Level Threebe arbitrated, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within and make its award within ten (10) days after receipt from the date of the appointment of the Chairman, provided the time may be extended by agreement of the Parties. 29.05 If the Arbitrator finds that an employee has been unjustly suspended, discharged, or laid- off, that employee shall be reinstated by the District Company without loss of pay and with all his/her rights, benefits and privileges which he/she would have enjoyed if the suspension, discharge or layoff had not taken place, provided that if it is shown to the Arbitrator that the employee had been in receipt of wages during the period between discharge, suspension or layoff and reinstatement, the amount so received shall be deducted from wages payable by the employer pursuant to this Clause. 29.06 The Arbitrator shall have power to determine whether a particular issue is arbitrable under this Agreement. 29.07 If the award of the Association’s notification Arbitrator is subsequently set aside by a court of intent competent jurisdiction the question shall, at the request of either Party, be submitted to proceed another Arbitrator appointed pursuant to arbitrationand with all the powers provided by this Clause. 29.08 The expenses and remuneration of the Arbitrator shall be paid by the Parties in equal shares. 29.09 Without restricting the specific powers herein before mentioned, the District and Arbitrator shall have all the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servegeneral powers of an Arbitration Board. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time29.10 Upon mutual agreement, the District and the Association parties may utilize a three (3) person panel of Arbitrators. In such case, each party shall each submit appoint a designate within five (5) names of persons experienced in hearing grievances involving public schools days, and the two (2) designates selected shall agree upon a Chairperson within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearingadditional days. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationFailing agreement upon a Chairperson, the Association and the District parties shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited apply to the parties to the grievance and their representatives. Witnesses shall attend only while testifyingHonourable Minister of Labour as outlined in 29.03 above. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties.

Arbitration. 24.5.1 If 23.01 Any grievance concerning the Association decides interpretation, application, administration or alleged violation of this Agreement which has been processed through the grievance procedure and which has not been settled, will be referred to proceed to arbitration, it shall, arbitration at the request of either party. The notice for arbitration must be given in writing within twenty fifteen (2015) working days of receipt after receipt of the decision at Step 2. 23.02 The grievance shall be heard by a single Arbitrator unless either party provides written decision notice to the other, no later than five (5) working days after the delivery of the District in response notice of arbitration, that it requires that the grievance be heard by a three-person Board of Arbitration, In such case, the notice shall include the name of the requesting party’s nominee to the Board of Arbitration. The party receiving such notice shall have five (5) working days to appoint its nominee, and the nominees together shall have a further five (5) working days to appoint a chairperson. 23.03 If the parties fail to agree to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within single Arbitrator within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to notice for arbitration, or if their nominees fail to appoint a chairperson as provided above, either party may request that the District and Ontario Minister of Labour make the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servenomination. 24.5.3 If 23.04 The Board of Arbitration or single Arbitrator shall hear and determine the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator matter and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any a decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of the majority shall be the decision of the Board of Arbitration or single Arbitrator, but if there is no majority decision, the decision of the chairperson shall govern. 23.05 The Board of Arbitration or single Arbitrator shall not have any power to add to, delete from, or modify the provisions of this Agreement or to substitute any new provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. 23.06 Each party hereto shall bear its own costs and incidentals to any such arbitration proceedings. The fees and charges of the Chairperson of the Board of Arbitration or single Arbitrator shall be borne equally by the parties hereto. 23.07 Employees whose attendance is required at arbitration hearings shall receive permission from the Employer to be absent from work. Time spent in such proceedings during the working day shall be considered time worked.

Arbitration. 24.5.1 If the Board of Education and the Association decides shall be unable to proceed to arbitrationresolve any grievance and it shall involve an alleged violation of a specific article and section of this agreement, it shallmay, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District decision of the Association’s notification Board of intent to proceed Education, be appealed to arbitration, . The Association Executive Board may file a written appeal and it shall be delivered to the District American Arbitration Association and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from Board of Education within said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) daysday period, and if not so delivered, the grievance shall be abandoned. Each party If the parties are unable to agree upon an arbitrator, he/she shall alternately strike a name until there is one name remainingbe appointed under the rules of the American Arbitration Association. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for , so selected, will confer with the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearingand hold hearings promptly and will issue his/her decision. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will shall be in writing writing, and will set forth the his/her findings of fact, reasoning reasoning, and conclusions of on the issue issues submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to alter, modify, add to, or subtract fromfrom the provisions of this agreement. His/her authority shall be limited to deciding whether specific articles and sections of this agreement have been violated and shall be subject to, disregardis all cases, the rights, responsibilities and authority of the parties under the Michigan Revised School Code, or modify the terms of this Agreementany other national, state, county, district, or local laws. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application usurp the functions of the AgreementBoard of Education or the proper exercise of its judgement and discretion, under the law and this agreement. The decision of the arbitrator will be submitted to arbitrator, if within the Association and to the District and will scope his/her authority, as above set forth, shall be final and binding upon binding. The arbitrator’s fee and other expenses of arbitration shall be paid by the partiesloser. Each party shall bear their own expenses in connection therewith. 1. The following matters shall not be the basis of any grievance filed under the procedure outlined in this article. a. Termination of services or, or failure to re-employ, any probationary teacher. b. Termination or non-renewal from an extra-curricular position. c. Termination of service of, or failure to re-employ, and tenured teacher.

Arbitration. 24.5.1 If 7.01 Both parties agree that any grievance which has proceeded through the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt Grievance Procedure outlined in Article 6 of the written Agreement and has not been settled may be referred to Arbitration. The Union and the Company may mutually agree to which form of arbitration that shall be used; Single Arbitrator or a Board of Arbitration with the default being a Single Arbitrator. Such requests must be submitted within thirty (30) regular working days following the decision rendered in Step 3 of the District in response Grievance Procedure. The Company and the Union agree to equally share the expenses associated with a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingsingle arbitrator. 24.5.2 Within ten (10) days after receipt 7.02 The Board of Arbitration will be composed of one person appointed by the District Company, one person appointed by the Union and a third party to act as Chairperson, chosen by the two other members of the Association’s notification of intent to proceed to arbitration, the District Board. The Union and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools Company will appoint its Board Member within ten (10) days. Each regular working days from the notice of Arbitration and will give notice of such appointment to the other party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lotforthwith. 24.5.4 Advocates (a) The Board of Arbitration shall not have the power to alter, change or add to this Agreement or to substitute any new provisions for the parties in arbitration shall exchange all documentary material any existing provisions, nor to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make give any decision which requires the commission of an act prohibited by law or which violates inconsistent with the terms and provisions of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the this Agreement. 24.5.8 The arbitrator (b) At the request of the Chairperson of the Board of Arbitration, the parties will make available witnesses to give oral or written evidence which in the Chairpersons opinion is relevant and necessary for the determination of the matters at issue. (c) Notwithstanding the provisions of 7.03 (a), the Board of Arbitration shall have no power the authority to add touphold, subtract frommodify or set aside any discharge, disregard, suspension or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. other disciplinary measure. 7.04 The decision of the arbitrator will majority shall be submitted the decision of the Board and shall be binding on both parties. 7.05 Each of the parties to this Agreement shall bear the expense of its appointee to the Association Board and to share the District and will expenses of the Chairman. 7.06 Time limits may be final and binding upon extended by mutual written agreement of the parties.

Arbitration. 24.5.1 If the Association decides to proceed 17.01 The grievance may be referred to arbitration, it shallonly after all steps in the grievance procedure have been exhausted, unless a step has been waived by mutual consent of both parties in writing, through their authorized representatives. The party seeking arbitration shall notify the other party, in writing, of its desire to submit the grievance to arbitration within twenty (20) days of receipt after receipt the reply of the written decision Director or the Bargaining Unit President. The notification shall contain the name of the District in response party’s appointee to a grievance that has been processed at Level Threethe Board of Arbitration. The recipient party shall, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within within ten (10) days after of receipt by of such notification, advise the District other party of its appointee to the Board of Arbitration. 17.02 The two (2) appointees shall, within fifteen (15) days of the Association’s notification appointment of intent the second of them, or at some time mutually agreed upon, appoint a third person, who shall be the Chair. If the recipient party fails to proceed to arbitrationname an appointee, or if the District and the Association shall attempt appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If Chair within the District and time limit, the Association cannot mutually agree appointment of the Chair shall be made by the Ministry of Labour upon the selection request of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remainingeither party. The remaining name Board of Arbitration shall hear and determine the grievance and shall issue a binding decision upon the parties and upon any Member affected by it. The decision of a majority shall be the arbitrator. The party that strikes first decision of the Board of Arbitration and, if there is no majority, the decision of the Chair shall govern. 17.03 No person shall be determined by lot. 24.5.4 Advocates for appointed as Arbitrator who has been involved in the parties negotiation of this Collective Agreement or in arbitration shall exchange all documentary material attempts to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 The arbitrator’s decision 17.04 Each of the parties will bear the expenses of their appointee and the parties will share equally the expenses of the Chair. All costs related to witnesses called by a party will be in writing and will set forth the findings paid for by that party. 17.05 The Board of fact, reasoning and conclusions Arbitration shall not have any authority to alter or change any of the issue submitted. The arbitrator will be without power provisions of authority this Collective Agreement or to make substitute any new provisions in lieu thereof, or to give any decision which requires the commission of an act prohibited by law or which violates contrary to the terms and conditions of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the this Collective Agreement. 24.5.8 17.06 The arbitrator shall have no power parties may agree, in writing, to add to, subtract from, disregard, or modify the terms seek appointment of this Agreementa single Arbitrator. The arbitrator shall Should they be restricted from making a recommendation that is not based unable to agree on a violation single Arbitrator, the parties may jointly request the Ministry of Labour to make an appointment. ARTICLE 17 - ARBITRATION (continued) 17.07 It is understood that nothing in this Article precludes the Bargaining Unit or inequitable application Members from addressing letters of the Agreement. The decision of the arbitrator will be submitted inquiry to the Association and to Board through the District and will be final and binding upon the partiesDirector.

Arbitration. 24.5.1 If 19.01 In case of any dispute or grievance arising that cannot be settled informally by the Association decides Joint Conference Board, then either of the parties to proceed the dispute or grievance will be at liberty to arbitrationrefer the dispute or grievance to an Arbitration Board in the manner hereinafter provided for: a) The party desiring arbitration shall appoint a member for the Board, it and shall notify the other party in writing of its appointment and particulars of the matter in dispute. b) The party receiving the notice shall, within twenty five (205) days thereafter, appoint a member for the Board and notify the other party of receipt after receipt its appointment. c) The two (2) arbitrators so appointed shall confer to select a third person to be Chairman and failing for three (3) days from the appointment of the written decision second of them to agree upon a person willing to act, either of them may apply to the Minister of Labour to appoint such third member. d) The Arbitration Board shall sit to settle the terms of the District in response question to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within be arbitrated and make its award within ten (10) days after receipt by from the District date of appointment of the Association’s notification Chairman, provided that the time may be extended by agreement of intent the parties. e) The Board shall deliver its award in writing to proceed to arbitration, each of the District parties and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If award of the District and majority of the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name Board shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement award of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator Board and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties; and they shall implement it forthwith. 19.02 Each party shall pay its own expenses and costs of arbitration; the remuneration and disbursements of its appointee to the Board and one-half (1/2) the compensation and expenses of the Chairman and of stenographic and other expenses of the Arbitration Board. 19.03 It is understood by the parties entering into this Agreement that they exclude the operation of Section 96, Sub-Section (1) of the Industrial Relations Act of British Columbia unless agreed to by the Joint Conference Board, except in cases of fund contribution delinquencies or non-payment of funds.

Arbitration. 24.5.1 If 10.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance or where an allegation is made that this Agreement has been processed at Level Threeviolated, either party may, after exhausting any grievance procedure established by this Agreement, notify the Vice Chancellor other in writing of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by its desire to submit the District difference or allegation to arbitration. The notice shall contain the name of the Association’s notification of intent party's appointee to proceed an Arbitration Board and shall be delivered to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools other party within ten (10) daysworking days of the reply under Step III. Each The recipient party shall alternately strike within ten (10) working days, advise the other of the name of its appointee to the Arbitration Board. 10.02 The two (2) appointees so selected shall, within fifteen (15) working days of the appointment of the second of them or at a name until there is one name remaining. The remaining name time mutually agreed upon, appoint a third person who shall be the arbitratorChair. If the recipient party fails to appoint an Arbitrator, of if the two appointees fail to agree upon a Chair, within the time limit, the appointment shall be made by the Office of the Adjudication, Ministry of Labour upon the request of either party. The party that strikes first Arbitration Board shall be determined by lot. 24.5.4 Advocates for hear and determine the parties in arbitration difference or allegation and shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association issue a decision and the District decision shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chair shall govern. 10.03 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an Arbitrator appointed by it and the parties will jointly share the expenses of the Chair of the Arbitration Board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of the Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 Either party may request the services of a sole Arbitrator and if the parties agree, the case shall be heard by the sole Arbitrator, however, all other conditions as set forth in this Article will prevail.

Arbitration. 24.5.1 If the Association decides 13.1 Other than disputes relating to proceed to arbitrationdefects, it shallany disputes, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed question or difference arising at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to any time between the parties to this Agreement out of or in regard to any matters arising out of; or the grievance rights and their representatives. Witnesses duties or any of the parties hereof; or the interpretation of; or the termination of; or any matter arising out the termination of; or the rectification of this Agreement, shall attend only while testifyingbe submitted to and decided by arbitration on notice given by either party to the other of them in terms of this clause. 24.5.6 If any question arises as 13.2 There will be one arbitrator who will be a practising junior member of the Cape Bar of not less than 10 years’ standing. 13.3 Any party may declare a dispute by giving written notice to the arbitrability other party to that effect. Thereafter the declaring party shall within 7 days submit a written request to the Chairman for the time being of the grievance, such question will be ruled upon by Cape Law Society to appoint the arbitrator and shall first be decided by the arbitrator before consideration send a copy of the merits request to the other party. 13.4 The arbitrator, who shall act as an expert, shall have the powers conferred upon an arbitrator under the Arbitration Act No. 42 of 1965, as amended or re- enacted in some other form from time to time but will not be obliged to follow the procedures described in the Act and will be entitled to decided on such procedures as he may consider desirable for the speedy determination of the grievancedispute. 24.5.7 13.5 The arbitrator’s decision will arbitration shall be held in writing and will set forth Cape Town in accordance with the findings of fact, reasoning and conclusions provision of the issue submitted. The arbitrator will be without power of authority Arbitration Act referred to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. Howeverabove, it is agreed save that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with arbitration shall be informal and if possible, the Agreementarbitration shall be held and concluded within twenty one days after it has been demanded. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. 13.6 The decision of the arbitrator will be submitted arbitrator, including any order as to the Association and to costs of the District and will arbitration, shall be final and binding upon on the partiesparties and may be made an order of any court of competent jurisdiction. Each of the parties hereby submits itself to the jurisdiction of the Cape High Court of South Africa should any party wish to make the arbitrator’s decision an order of the court. 13.7 This clause shall constitute each party’s irrevocable consent to the arbitration proceedings and no party shall be entitled to withdraw here from or to claim at such arbitration proceedings that it is not bound by this clause. 13.8 This clause is severable from the rest of the Agreement and shall therefore remain in effect even if this Agreement is terminated.

Arbitration. 24.5.1 If the Association decides to proceed 10.01 When a party desires that a grievance be submitted to arbitration, it shall, that party shall notify the other party of its desire to submit the matter to arbitration within twenty fourteen (2014) calendar days of receipt after receipt the date the decision at Step 2 of the written decision grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: Xxxxx Xxxx Xxxxx Xxxxxx Xxxxxxx Xxxxxx Xxxxx Xxxx 10.02 If any individual of the District above panel who, having been requested in response their turn to a grievance that has been processed at Level Threeact as arbitrator on an arbitration, notify shall be unable or unwilling to act, they shall not again be requested to act as arbitrator on any arbitration until their name comes up again on the Vice Chancellor regular rotation of Human Resources in writingthe panel. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 10.03 The arbitrator shall have no power not be deemed to add to, subtract from, disregard, or modify be willing to act unless they are in the terms position to convene the hearing within twenty-eight (28) days from the date of this Agreementtheir selection. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application In the event none of the Agreementabove arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator will shall be submitted given within a period of twenty-one (21) days after the closing of the arbitration hearing. 10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations. 10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the Company (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the Association arbitrator, and the award of the arbitrator shall be confined to the District issues therein set out. 10.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances. 10.07 The findings and will decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned. 10.08 The Company and the partiesUnion shall each pay one-half (½) of the fees and expenses of the arbitrator. 10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure. 10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union. 10.11 In the interest of settling a grievance prior to an arbitration hearing either party may request the assistance of a grievance mediator 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 to the arbitration proceedings. 10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of the matter in dispute.

Arbitration. 24.5.1 If 12.1 When either Party requests that a grievance be submitted to Arbitration, the Association decides request shall be in writing addressed to proceed the other Party to arbitration, it this Agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall, within twenty ten (2010) days thereafter, designate its Nominee to the Board of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level ThreeArbitration. The two so nominated, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within shall endeavour within ten (10) days after receipt by the District appointment of the Association’s notification second of intent to proceed to arbitration, the District and the Association shall attempt them to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator third person to serve. 24.5.3 act as Chairperson of the Board of Arbitration. If the District and the Association cannot mutually Nominees are unable to agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools third person as Chairperson within ten (10) daysdays after the appointment of the second of them, then either Party may request the Minister of Labour to appoint the third member and Chairperson of the Board of Arbitration. Each party shall alternately strike Notices of desire to arbitrate a name until there is one name remaining. The remaining name dispute and nomination of an arbitrator shall be served personally, by registered mail, or by facsimile. If served by registered mail, the arbitrator. The party that strikes first date of mailing shall be determined by lotdeemed to be the date of service. 24.5.4 Advocates 12.2 Each of the Parties shall pay its own expenses including pay for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District expenses of its own Nominee and one half (1/2) of the expenses and fees of the Chairperson. 12.3 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. 12.4 The Board of Arbitration shall have equal access authority only to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the Agreementfacts of the grievance(s) involved. HoweverOnly grievances arising from the interpretation, it application, administration, or alleged violation of this Agreement including a question as to whether a matter is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreementarbitrable shall be arbitrable. 24.5.8 12.5 The arbitrator Board of Arbitration shall have no power to alter, add to, subtract from, disregard, modify or modify the terms of amend this Agreement. The arbitrator shall be restricted from making a recommendation Agreement in order to give any decision that is not based on a violation or inequitable application of the Agreementinconsistent with it. The decision of the arbitrator will majority of the members of the Board of Arbitration shall be submitted the decision of the Board, but if there is no majority the decision of the Chairperson shall govern. 12.6 The Parties may agree to the Association use of a sole arbitrator and to the District and will be final and binding upon the partiesprovisions of this Article shall then apply with any appropriate revisions.

Arbitration. 24.5.1 If 13.01 Where a difference arises between the Association decides parties to proceed or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpre- tation, application, administration or alleged violation of this Agreement and including any question as to arbitrationwhether a matter is arbitrable, either of the parties may within fourteen (14) calendar days after exhausting the grievance procedure notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an arbitrator by the party giving notice. Notice in accordance with Clause 13.01 shall be sent to the Collective Bargaining Division as well as the applicable Department. 13.02 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board, in which event, the foregoing provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board. Furthermore, the parties shall endeavour to utilize a sole arbitrator for the majority of arbitration hearings and reserve the use of arbitration boards for case where a party feels it is absolutely necessary. 13.03 The party to whom notice is given under Clause 13.01 shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each calendar days after receipt of such notice, appoint an arbitrator and notify the other party of the name of the arbitrator. 13.04 The two (2) arbitrators appointed in accordance with Clauses 13.01 and 13.02 shall, within fourteen (14) calendar days after the appointment of the second of them, appoint a third arbitrator and these three (3) arbitrators shall alternately strike a name until there is one name remainingconstitute an arbitration board. The remaining name arbitrator appointed under this Clause shall be the arbitratorChairperson of the arbitration board. 13.05 If, (i) the party to whom notice is given under Clause 13.01 fails to appoint an arbitrator within the period specified in Clause 13.02, the Chairman of the Labour Relations Board shall, on the request of either party, appoint an arbitrator on behalf of the party who failed to make the appointment and such arbitrator shall be deemed to be appointed by that party; or (ii) the two (2) arbitrators appointed by the parties under Clauses 13.01 and 13.02 fail to appoint a third arbitrator within the periods specified in Clause 13.03, the Chairman of the Labour Relations Board shall, on the request of either party, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The party that strikes first arbitrator appointed under this paragraph (ii) shall be determined by lotchairman of the arbitration board. 24.5.4 Advocates 13.06 Grievances that have been referred to arbitration that involve a dismissal shall be scheduled for arbitration within six (6) months of referral. 13.07 Both parties to a grievance shall be afforded the opportunity of presenting evidence and argument thereon and may employ counsel or any other person for this purpose. 13.08 If a party fails to attend or be represented without good cause at an arbitration hearing, the arbitration board may proceed as if the party had been present or represented. 13.09 The arbitration board shall render its decision on the grievance in writing within twenty-five (25) days of the date on which the board is fully constituted. 13.10 The decision of the majority of the members of an arbitration board shall be the decision of the board. The decision of an arbitration board shall be signed by the members of the Board making the majority report. 13.11 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an arbitration board appointed in accordance with these provisions and do or, as the case may be, abstain from doing anything required by that decision. 13.12 Each party required by this Agreement to appoint an arbitrator shall pay the remuneration and expenses of that arbitrator deemed to have been appointed by that party under Clause 13.04 and the parties shall pay equally the remuneration and expenses of the chairperson of the arbitration board. 13.13 The time limits set out in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions this Article may be modified or waived extended, in writing, at any time by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the both parties to the grievance and their representatives. Witnesses shall attend only while testifyingarbitration. 24.5.6 If 13.14 At any question arises as to the arbitrability stage of the grievancegrievance or arbitration procedure, such question will be ruled upon by the arbitrator parties shall have the assistance of any employee(s) concerned as witnesses and shall first be decided by the arbitrator before consideration of the merits of the grievanceany other witness. 24.5.7 13.15 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an arbitration board shall not suffer any loss in pay while participating in the arbitration proceedings. 13.16 An arbitration board may not alter, modify or amend any provisions to this Agreement but shall have the power to dispose of a grievance by any arrangement which it deems just and equitable. 13.17 The arbitrator’s decision will be in writing parties may mutually agree to utilize alternative methods of dispute resolution to resolve grievances that have been referred to arbitration and will set forth the findings of fact, reasoning and conclusions of the issue submittedare encouraged to do so. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the Sample terms of the Agreement. However, it is agreed that the arbitrator is empowered to include reference of several ADR processes are contained in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties.Schedule P.

Arbitration. 24.5.1 Section 8.1. If the Association decides a party to proceed this Agreement desires to take a grievance to arbitration, it shall, shall within twenty fifteen (2015) calendar days of receipt after receipt the denial of the grievance, give written decision notice of his intention to the other party, together with a written statement of the District in response to a grievance that has been processed specific provision or provisions of this Agreement at Level Three, notify the Vice Chancellor of Human Resources in writingissue. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association Section 8.2. The parties shall attempt to select an impartial arbitrator. If they are unable to agree upon a mutually acceptable arbitrator choice within seven (7) calendar days after the receipt of Notice of Intent to Arbitrate, either party may request the Federal Mediation and obtain Conciliation Service to submit a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection list of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten arbitrators, from which the arbitrator will be selected. Selection shall be made by the parties alternately striking any name from the list (10) days. Each party shall alternately the first to strike a name until there is one name remaining. The remaining name shall be the arbitratorparty requesting arbitration) until only one (1) name remains. The party that strikes first final name remaining shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 Section 8.3. The arbitrator’s jurisdiction and the decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submittedarbitrator of the grievance shall be confined to a determination of the acts and the interpretation or application of the specific provision or provisions of this Agreement at issue. The arbitrator will Arbitrator shall be without power bound by terms and provisions of this Agreement and shall have the authority to make any decision which requires the commission of consider only grievances representing solely an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of arbitration issue under this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation have no authority to add to, alter, amend, or inequitable application modify any provision of the this Agreement. The decision of the arbitrator will be submitted to in writing on any issue properly before the Association and to arbitrator in accordance with the District and will provisions of this Agreement, shall be final and binding upon on the aggrieved employee or employees, the Union, and the Employer. Section 8.4. Multiple grievances shall not be heard before one arbitrator at the same hearing except by mutual agreement of the parties. Section 8.5. The Union and the Employer shall each bear its own costs in these arbitration proceedings, except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance. Section 8.6. The Grievance Committee of the Union shall have the sole authority to determine whether or not the employee's grievance is qualified to be submitted to arbitration by the Union. The decision of the Grievance Committee shall be made at its first meeting after the Company's Step 3 answer, and the Union will promptly inform the Company of its decision.

Arbitration. 24.5.1 7.01 Failing a settlement of the dispute at Step II and in accordance with Step III either party may refer the unresolved dispute to arbitration by registered mail addressed to the other party in accordance with 6.09 stating: (1) the name of their appointee to the Arbitration Board; (2) a copy of the completed grievance form indicating the nature of relief or remedy sought; (3) article(s) violated. Within a further fifteen (15) day period the other party shall respond by registered mail indicating the name and address of their appointee to the Arbitration Board. The parties shall select an impartial chairperson. (a) If the Association decides party receiving the notice fails to proceed to arbitrationappoint an arbitrator, it shall, within twenty or if the two (202) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt parties fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveChairperson within the fifteen (15) days, the appointment shall be made by the appropriate Minister of the Crown upon the request of either party. 24.5.3 If (b) Following the District appointment of the Arbitrator/Arbitration Board referred to in 7.02(a) the date for the hearing will be set within six (6) months from the date the Arbitration Board was appointed with the grievance to be concluded within twelve (12) months from the date the Arbitration Board was appointed. (c) In setting the dates for the Arbitration hearing the Arbitrator/Arbitration Board will allow the parties at least four (4) weeks preparation time. (d) All actions that impact on time limits referred to in Clause 7.02 will be confirmed in writing and the Association cannot mutually agree upon time limits will be operative from the selection date of an arbitrator within the specified period of timeapplicable correspondence and may only be changed by mutual agreement. Subject to the above, the District time limits referred to in this clause shall be mandatory for both parties and failure to follow time limits by either party will result in either dismissal of the grievance by the Association or consenting to the grievance by the Employer. 7.03 The Arbitration Board shall render its decision on the grievance as soon as possible after the date on which the Board is fully constituted and the Association decision of the Board shall each submit five be committed to writing and submitted to the parties concerned within a further thirty (5) names of persons experienced in hearing grievances involving public schools within ten (1030) days. Each party shall alternately strike a name until there is one name remaining. . 7.04 The remaining name decision of the majority shall be the arbitratordecision of the Board. The party that strikes first Where there is no majority decision, the decision of the Chairperson shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement decision of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementBoard. The decision of the arbitrator will Board of Arbitration shall be submitted final, binding and enforceable on all parties, and may not be changed except by an order of the Court. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of a grievance by any arrangement which it deems just and equitable. 7.05 Should the parties disagree as to the Association and meaning of the Board’s decision, either party may apply to the District Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within fifteen (15) days. 7.06 The fees and will expenses of the arbitrator shall be final divided equally between the Employer and binding upon the Association 7.07 Time limits fixed in both the grievance and arbitration procedure are mandatory and may only be extended in writing by mutual agreement between the parties. 7.08 At any stage of the Grievance and Arbitration Procedure the parties shall have the assistance of any employee(s) concerned as witnesses. The Employer shall receive written notice of request for time off for any witness who is required for such assistance at least forty-eight (48) hours prior to the day of the hearing. 7.09 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board. In which event, the provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board.

Arbitration. 24.5.1 9.01 If the Association decides to proceed Hospital or Union requests that a grievance be submitted to arbitration, as hereinbefore provided, it shallshall make such request in writing addressed to the other party to this agreement, within twenty (20) days of receipt after receipt of and at the written decision of the District in response to same time name a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 nominee. Within ten (10) calendar days after receipt thereafter the other party names a nominee, provided, however that if such party fails to name a nominee as herein required, the Office of Arbitration of the Ministry of Labour of the Province of Ontario shall have power to effect such appointment upon application hereto by the District of party invoking the Association’s notification of intent to proceed to arbitration, the District and the Association arbitration procedure. The two nominees shall attempt to select by agreement a chairman of the Arbitration Board. If they are unable to agree upon such a mutually acceptable arbitrator and obtain chairman within a commitment from said arbitrator period of fourteen (14) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of the Province of Ontario to serveappoint a chairman. 24.5.3 If the District and the Association cannot mutually agree upon the selection of 9.02 No person may be appointed as an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced who has been involved in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material an attempt to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 9.03 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. 9.04 The arbitrator’s Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of the agreement. 9.05 The proceedings of the Arbitration Board will be in writing expedited by the parties hereto and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to majority and where there is no majority, the Association and to decision of the District and chairman will be final and binding upon the parties hereto and the employee or employees concerned. 9.06 Each of the parties hereto will bear the expenses 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. 9.07 The time limits set out in both the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such limits except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 49 of The Labour Relations Act. Such time limits shall exclude Saturdays, Sundays and paid holidays. 9.08 As an alternative to the above provision if the Hospital or Union requests that a grievance be submitted to arbitration the parties may mutually agree to a sole arbitrator. The parties agree to share equally the fees and expenses related to the sole arbitrator.

Arbitration. 24.5.1 If the Association decides to proceed 11.01 When a party desires that a grievance be submitted to arbitration, it shallthat party shall notify the other party in writing, within twenty fourteen (2014) calendar days of receipt after receipt receiving the final written decision from either party but not thereafter, of its desire to submit the matter to arbitration. If no such written request for arbitration is received within the said fourteen (14) calendar day time limit then the grievance will be deemed to have been abandoned. Grievances shall be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: Xxxxx Xxxxxx Xxxxx Xxxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxxxxx Xxxxxxx Xxxxx If any individual of the written decision above noted panel, who has been requested in his/her turn to act as an arbitrator, shall be unable or unwilling to act s/he shall not again be requested to act as the arbitrator until his/her name comes up again on the regular rotation of the District panel. 11.02 The person selected as arbitrator shall in response no way be directly involved in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute. 11.03 If any individual of the above panel who, having been requested in his/her turn to act as arbitrator on an arbitration, shall be unable or unwilling to act, he/she shall not again be requested to act as arbitrator on any arbitration until his/her name comes up again on the regular rotation of the panel. 11.04 The arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as he/she deems essential to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District full understanding and determination of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remainingissues involved. The remaining name arbitrator may determine his/her own procedure but shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited give full opportunity to the parties to present evidence and to make representations. In reaching a decision, the grievance arbitrator shall be governed by the provisions of this Agreement and their representatives. Witnesses shall attend only while testifyingrender his/her decision within sixty (60) calendar days following the end of the hearing. 24.5.6 If 11.05 The arbitrator shall not have any question arises as jurisdiction to the arbitrability alter, modify, amend or add to any of the grievanceprovisions of this Agreement, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be nor to substitute any new provisions in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority lieu thereof nor to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent decisions inconsistent with the Agreement. 24.5.8 provisions hereof. The arbitrator shall have no power the authority, within the above limitations, to add to, subtract from, disregard, or modify dispose of grievances in such manner as he/she may deem just and reasonable in the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. circumstances. 11.06 The decision of the arbitrator will be submitted to the Association and to the District and will shall be final and binding upon the partiesparties and upon any employee affected by it. 11.07 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator. 11.08 The time limits set out in the grievance procedure (Article 10) and the arbitration provisions (Article 11) are mandatory and may only be extended or waived by mutual agreement in writing between the Company and the Union. 11.09 In the interest of settling a grievance prior to an arbitration hearing the parties may mutually request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services. 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 to the arbitration proceedings.

Arbitration. 24.5.1 If 14.01 Within twenty-five days (25) after the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in final response to a grievance that has been properly processed at Level Threeunder the Grievance Procedure involving the application, notify interpretation or alleged contravention of the Vice Chancellor provisions of this Agreement, or claiming wrongful disciplinary suspension or discharge of an Employee, and one of the parties is not satisfied with the response, the matter may be submitted to arbitration. In a case against the Employer, a written notice of arbitration shall be delivered to the Director of Human Resources and Organizational Effectiveness or their designate, and in writinga case against the Alliance, to the Alliance. 24.5.2 Within 14.02 When a grievance is referred to Arbitration the parties shall within five (5) days inform the other party of the name of its appointee to the arbitration board. The two appointees so selected shall, within ten (10) days after receipt by the District of the Association’s notification of intent choose a third arbitrator to proceed serve as chairperson. Where they fail to arbitrationreach agreement on a chairperson, the District and matter shall be referred to the Association shall attempt to agree upon Minister of Labour with the request that the Minister appoint a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servechairperson. 24.5.3 If 14.03 The Arbitration Board shall hear and determine the District and the Association cannot mutually agree upon the selection subject of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises render a decision as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies soon as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreementpossible. The decision of the arbitrator will be submitted to the Association and to the District and will shall be final and binding upon the parties. 14.04 A decision of the majority of the members of the Arbitration Board shall be the decision of the Board. In the case where a majority decision cannot be rendered, the decision of the Chairperson shall be the decision of the Arbitration Board. 14.05 Each party shall bear the cost of the services of its appointee to a board of arbitration. The costs of the services of the Chairperson shall be borne equally by both parties. 14.06 In lieu of a board of arbitration, the parties may, by mutual agreement, submit the matter in dispute to a single arbitrator acceptable to both parties who shall render a final and binding decision under the same terms and in the same fashion as a board of arbitration. The costs of the single arbitrator shall be borne equally by both parties. 14.07 An arbitrator shall have no power to alter, add to, subtract from, amend, modify or substitute any term of this Agreement, and shall render a decision not inconsistent with the terms of this Agreement. An arbitrator shall have all the powers vested in it under the Canada Labour Code and this collective agreement and, in the case of discharge or disciplinary suspension, the power to substitute for discharge or disciplinary suspension such other penalties that they consider just and reasonable in the circumstances. 14.08 In determining the time limits within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and Holidays shall be excluded. 14.09 The time limits stipulated in the Article may be extended by mutual agreement of the parties.

Arbitration. 24.5.1 If 14.1 Either of the Association decides parties may, within 10 working days after the grievance procedure under Article 13 has been exhausted, notify the other party in writing of its desire to proceed submit the grievance to arbitration, it . The notice referring a grievance to arbitration shall confirm the name of the first party's appointee to an arbitration board. The recipient of the notice shall, within twenty (20) 5 working days, inform the other party of the name of its appointee to the arbitration board. The 2 appointees so selected shall, within 5 working days of receipt after receipt the appointment of the written decision second of them, appoint a third person who shall be the chairperson. If the recipient of the District in response notice fails to a grievance that has been processed at Level Threeappoint an arbitrator, notify or if the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt 2 appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If chairperson within the District and time limit, the Association cannot mutually agree appointment shall be made by the Minister of Labour for Ontario upon the selection request of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remainingeither party. The remaining name arbitration board shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association hear and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to determine the grievance and their representativesshall issue a decision and that decision is final and binding upon the parties and upon any employee affected by it. Witnesses The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairperson is the decision of the arbitration board. Notwithstanding the foregoing, the parties may select 1 person as an arbitrator to whom any such grievance may be submitted for arbitration and such person shall attend only while testifyinghave the same powers and be subject to the same restrictions as a board of arbitration appointed under this agreement. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 14.2 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator arbitration board shall have no power authority to add to, subtract from, disregardchange, alter or ignore in any way the provisions of this agreement or any expressly written amendment or supplement thereto or to extend its duration, or modify to make an award which has such effect unless the parties have expressly agreed, in writing, to give it specific authority to do so. 14.3 Where the grievance concerns discharge, suspension or disciplinary action, the board has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award it may deem just and reasonable which is consistent with the terms of this Agreementagreement. 14.4 Each party shall bear the expenses of its representatives, participants and witnesses and of the preparation and presentation of its own case. The arbitrator fees and expenses of the chairperson, the hearing room and any other expenses incidental to the arbitration hearing shall be restricted from making a recommendation that is not based on a violation or inequitable application of borne equally by the Agreementparties. The decision of the arbitrator will parties agree to use University facilities whenever possible. 14.5 Time limits set out in this article may be submitted to the Association and to the District and will be final and binding upon extended by agreement in writing between the parties. 14.6 No grievance shall be deemed to be lost due to minor technical irregularities.

Arbitration. 24.5.1 If 26.01 In the Association decides event that any grievance shall not have been satisfactorily settled pursuant to proceed the foregoing provisions, the matter may then, by notice in writing given to arbitration, it shall, the other party within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District time limited for exhaustion of the Association’s notification applicable procedures contained in the foregoing provisions, be referred to a Board of intent to proceed to arbitrationArbitration or a single arbitrator, as the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servecase may be. 24.5.3 If 26.02 The notice submitting to arbitration shall contain the District and name of the Association cannot mutually agree upon single arbitrator or the selection appointee to the Arbitration Board of an arbitrator within the specified period party making the submission, as the case may be. The recipient of timethe notice shall, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) daysdays of receipt of the notice, inform the other party in writing, agreement with the proposed or propose its own single arbitrator or appointee to the Arbitration Board, as the case may be. Each party shall alternately strike In the case of an Arbitration Board, the two (2) appointees so selected shall, within ten (10) days of the appointment of the second of them, appoint a name until there is one name remaining. The remaining name third person who shall be chairperson. If the arbitrator. The party that strikes first parties fail to agree upon a single arbitrator within the time limits as set out herein, the appointment of a single arbitrator shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined made by the partiesMinistry of Labour. These provisions No person may be modified or waived by mutual agreement of appointed as the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited single arbitrator who has participated directly in an attempt to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 26.03 The arbitrator’s single arbitrator or Arbitration Board shall hear and decide the grievance and shall issue its decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and any teacher affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there is no majority, the decision of the chairperson governs. The decision of a single arbitrator governs. 26.04 The single arbitrator or Arbitration Board established as above, shall decide the grievance submitted to it, any related question, including any questions as to whether a matter is arbitrable, but shall have no power to alter, modify or amend this Agreement, nor make any decision inconsistent therewith. 26.05 Each party shall pay the cost of its own appointee to the Arbitration Board, and the parties shall share equally the cost of the chairperson or a single arbitrator. 26.06 Each party may be represented at the Arbitration by a representative of its choice. 26.07 Unless otherwise specifically provided, any notice required to be sent herein may be sent by prepaid registered or certified mail to the parties at their respective mailing addresses. 26.08 The term “days” when used in this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in the Education Act, R.S.O., 1980 Chapter 129. 26.09 Any time limits fixed by this Article for the taking of action by either party or by any teacher may, at any time, be extended by agreement of the representatives of the parties involved.

Arbitration. 24.5.1 8.01 If the Association decides to proceed to arbitrationprocedures set forth in Section 7.01, it shallStep A and Step B, do not result in a solution being reached within twenty seven (207) days of receipt after receipt the first discussion between a business representative of the written decision Union and a representative of the District Company, or within such further period as the Company and the Union agree to in response writing, the dispute shall be referred to an Arbitration Board of three (3) persons appointed as follows: (a) The Party desiring arbitration shall appoint a grievance that has been processed at Level Three, member for the Board and shall notify the Vice Chancellor other Party in writing of Human Resources the name and address of the person so appointed and particulars of the matter in writingdispute. 24.5.2 Within (b) The Party receiving the notice shall within five (5) days appoint a member for the Board and notify the other Party of its appointment. (c) The two (2) Arbitrators so appointed, shall confer to select a third person to be Chairman, and failing for three (3) days from the appointment of the second of them to agree upon a person willing to act, either of them may apply to the Minister of Labour of British Columbia to appoint such third member. (d) The Arbitration Board shall sit, hear the Parties, settle the terms of the question to be arbitrated, and make its award within ten (10) days after receipt by from the District date of the Association’s notification appointment of intent to proceed to arbitrationthe Chairman, provided the District and Parties may extend the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servetime by agreement in writing. 24.5.3 If the District and the Association cannot (e) The Parties may mutually agree upon the selection that a sole arbitrator be appointed in place of an arbitrator within the specified period of time, the District and the Association shall each submit five a three (53) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreementperson board. The decision of the sole arbitrator will shall be deemed to be the decision of the Board and shall be final and binding. All expenses incurred by the sole arbitrator shall be paid equally by the Parties. Each Party shall pay its own costs. 8.02 If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the suspension or discharge had not taken place, or if the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an ex-employee should have been re-hired, that ex-employee shall be employed by the Company and paid all pay which he would have enjoyed and accorded all rights, privileges and benefits which he would have enjoyed if he had been hired at the proper time provided, that if it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspen-sion and reinstatement, or date of failure to re-hire and re-hiring, the amount so received shall be deducted from wages payable by the Company pursuant to this Article, less any expenses which the employee has incurred in order to earn the wages so deducted, AND PROVIDED THAT the Arbitration Board if circumstances are established before it, which, in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have authority to order the Company to pay less than the full amount of wages lost. 8.03 The Arbitration Board shall have the right to modify any penalty imposed by the Company on an employee. 8.04 If the award of the Arbitration Board is subsequently set aside by a court of competent jurisdiction, the question shall, at the request of either Party, be submitted to another Arbitration Board appointed pursuant to and with all the Association powers provided by this Article. 8.05 The expenses and to remuneration of the District and will Chairman shall be final and binding upon paid by the partiesParties in equal shares. 8.06 Without restricting the specific powers hereinbefore mentioned, the Arbitration Board shall have all the general powers of an Arbitration Board.

Arbitration. 24.5.1 If the Association decides to proceed 10.01 When either party requests that a grievance be submitted to arbitration, it shall, the request shall be in writing addressed to the other party in this agreement and shall contain the name of the first party’s nominee to the Board of Arbitration. The recipient of the notice shall within twenty ten (2010) days thereafter designate its nominee to the Board of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within Arbitration. The two (2) so nominated shall endeavor within ten (10) days after receipt by the District appointment of the Association’s notification second of intent to proceed to arbitration, the District and the Association shall attempt them to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator third person to serve. 24.5.3 act as Chairman of the Board of Arbitration. If the District and the Association cannot mutually nominees are unable to agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools third person as chairman within ten (10) days. Each days after the appointment of the second one of them, then either party shall alternately strike a name until there is one name remainingmay request the Labour-Management Arbitration Commission for the Province of Ontario to appoint the third member of the Board of Arbitration. The remaining name said two nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or prior to the appointment of the third arbitrator within the said period of ten (10) days to discuss the grievance submitted to them with a view to mutual settlement. 10.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. 10.03 Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own arbitrator, and one half (½) the expenses and fees of the chairman. The party that strikes first Time limits shall be determined by lotstrictly enforced unless the parties representatives agree to extend. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day 10.04 The Board of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District Arbitration shall have equal access authority only to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates settle disputes under the terms of this agreement and only interpret and apply this agreement to the Agreementfacts of the grievance(s) involved. HoweverOnly grievances arising from the interpretation, it application, administration, or alleged violation of this agreement, including a question as to whether a matter is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreementarbitrable, shall be arbitrable. 24.5.8 10.05 The arbitrator Board of Arbitration shall have no power to alter, add to, subtract from, disregardmodify, or modify the terms of amend this Agreementagreement in order to give any decision inconsistent with it. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The A decision of the arbitrator will majority of the members of the Board of Arbitration shall be submitted to the Association decision of the Board, but if there is no majority, the decision of the chairman shall govern. 10.06 All agreements reached under the grievance and to arbitration procedures between the District Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union, and the employee(s) involved. 10.07 Any grievance involving the interpretation of application, administration, or alleged violation of this agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or against any party. 10.08 At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee or employees concerned as a witness and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the residence to view any working conditions which may be relevant to the settlement of the grievance at a reasonable time and so as not to interfere with the function of the residence. 10.09 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon mediator for resolution. 10.10 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon Sole Arbitrator, subject the provisions of this Article.

Arbitration. 24.5.1 If 13.3.1 In the Association decides to proceed event that a dispute proceeds to arbitration, it shallthe Union and the Employer shall make a good faith effort to agree on an arbitrator. In the event The Union and the Employer are unable to agree, within twenty and not later than seven (207) calendar days from receipt of receipt the first request for arbitration, the Union and the Employer shall select the list of arbitrators as follows: (a) The Federal Mediation and Conciliation Service (FMCS) shall submit a list of seven (7) arbitrators to the Union and to the Employer. (b) Within fourteen (14) calendar days after receipt of the written decision arbitration panel, the parties shall meet to select and place in numerical order the arbitrators through the process of elimination by alternately striking names. (c) The party to strike first shall be selected by a toss of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingcoin. 24.5.2 Within ten 13.3.2 The jurisdiction of the impartial arbitrator is limited to: (101) days after receipt Adjudication of the issues which under the express terms of this Agreement or the Employee Handbook, and the submission agreement setting forth the issue or issues to be arbitrated, which shall be entered into between the parties hereto; (2) Interpretation of the specific terms of this Agreement and/or the Employee Handbook which are applicable to the particular issue presented to the arbitrator; (3) The rendition of a decision or award which in no way modifies, adds to, subtracts from, changes or amends any term or condition of this Agreement or the Employee Handbook and/or which is in conflict with any of the provisions of this Agreement and/or the Employee Handbook; and (4) The rendition of a decision or award based solely on the evidence and arguments presented to the arbitrator by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serverespective parties. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names The rendition of persons experienced in hearing grievances a decision involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates administration or interpretation of insurance plans or contracts, including pension plans; and those issues related to interpretation of the health and dental plan rules for the parties in arbitration shall exchange all documentary material eligibility, cost to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationemployees, the Association Union and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this AgreementEmployer. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application have jurisdiction over internal rules of the Agreementinsurance plan itself which are outside the Employer’s control. 13.3.3 The arbitrator will render a decision within thirty (30) calendar days after the hearing. The decision of the arbitrator will be submitted to the Association and to the District and will shall be final and binding upon the partiesEmployer, the Union and the employees affected, provided that this does not preclude any party to this Agreement from seeking judicial review as provided by law. The costs of the arbitration shall be borne by the losing party.

Arbitration. 24.5.1 If 10.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, subject to Article 9 of this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration, it shall, . The notice shall be delivered to the party desiring to submit the difference or allegation to arbitration by the other party within twenty five (205) days after the date of receipt after receipt of the written decision as provided in Article 9.02 (Step 2), Article 9.04, Article 9.06 or Article 9.07 of this Agreement, as the case may be. The notice shall contain the name of the District in response first party’s appointee to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District an Arbitration Board. The recipient of the Association’s notification of intent to proceed to arbitration, the District and the Association notice shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before inform the first day other party of hearingthe name of its appointee to the Arbitration Board. The names two (2) appointees shall, within fifteen (15) days of witnesses the appointment of the second of them, appoint a third person who shall be exchanged at least five the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two (52) days before appointees fail to agree upon a Chairman within the first day of hearing. Prior to arbitrationtime limit, the Association appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the District shall have equal access to documents decision is final and records that will assist in adjusting binding upon the grievance, as mutually determined parties and any employee or employees affected by it. The decision of a majority is the parties. These provisions may be modified or waived by mutual agreement decision of the District and Arbitration Board, but if there is no majority, the Associationdecision of the Chairman governs. 24.5.5 10.02 The arbitration hearing Arbitration Board shall be private. Attendance shall be limited to not have the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. Howeveralter, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, modify or modify amend any of the provisions of this Agreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms and provisions of this Agreement. The arbitrator Subject to the foregoing, the Arbitration Board shall have the power to make such decision as it may in the circumstances deem just and equitable. 10.03 Each party shall bear the fees and expenses of its appointee to the Arbitration Board and the fees and expenses of the Chairman shall be restricted from making a recommendation that is not based on a violation shared equally by both parties. 10.04 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or inequitable application of settle the Agreement. The decision of the arbitrator will grievance. 10.05 No matter may be submitted to arbitration which has not been properly carried through all steps of the Association and to the District and will be final and binding upon the partiesGrievance Procedure prescribed in Article 10 of this Agreement.

Arbitration. 24.5.1 If 9.01 When a difference arises between the Association decides parties from the interpretation, application, administration or alleged violation of this agreement, either of the parties may within ten (10) working days, after exhausting any grievance procedure established by this Agreement, notify the other party in writing of its desire to proceed submit the difference or allegation to arbitrationarbitration and the notice shall contain the name of the party's appointee to an Arbitration Board. 9.02 The recipient of the notice shall within five (5) days inform the other party either that it accepts the other party's appointee as a single arbitrator or inform the other party of the name of its appointee to the Arbitration Board. 9.03 Where two appointees are so selected, it they shall, within twenty (20) days of receipt after receipt appointment of the written decision second of them, appoint a third person who shall be chairperson. 9.04 If the recipient of the District in response notice fails to a grievance that has been processed at Level Three, notify appoint an arbitrator or if the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt two appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveChairperson within the time limit, the appointment shall be made by the Ministry of Labour upon the request of either party. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an 9.05 A single arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall will only be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined appointed by the parties. These provisions may be modified or waived by mutual agreement of the District and the Associationboth parties. 24.5.5 9.06 The single arbitrator or the arbitration hearing board, as the case may be, shall be private. Attendance shall be limited to hear and determine the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator difference or allegation and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s issue a decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submittedthereafter. The arbitrator will be without power of authority to make any That decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties and upon any employee or employer affected by it. 9.07 The decision of a majority is the decision of the arbitration board, but, if there is no majority, the decision of the chairperson governs. 9.08 The arbitrator or arbitration board, as the case may be, shall not by his or its decision add to, delete from, modify or otherwise amend the provisions of this agreement. 9.09 Any notice required under this Article shall be in writing by registered mail or personal delivery to the parties at their respective mailing address. 9.10 Each party may be represented at the arbitration by a representative of its choice. 9.11 Each of the parties shall bear the fees and expenses of its nominee to the Arbitration Board and shall jointly share the fees and expenses of the Chairperson. 9.12 Time limits specified in this Article are mandatory and not simply directory, and may only be amended by written, mutual agreement of both parties. 9.13 The term "working days" when used in this Article shall mean Monday to Friday inclusive in accordance with the St. Xxxxxxx calendar, but excluding school holidays as defined by the Ministry of Education and Training. 9.14 Notwithstanding the procedure above, the Union may request access to expedited Arbitration under Section 49 of the Ontario Labour Relations Act, 1995. 9.15 No person shall be appointed as an Arbitrator or member of a Board of Arbitration who has been involved in the negotiations of this Collective Agreement or in attempts to settle the grievance.

Arbitration. 24.5.1 20.01 If the Association decides Union wishes to proceed refer a matter to arbitration, it shall, shall within twenty thirty (2030) working days of receipt after receipt from the date of the written decision of Step Two decision, make such request in writing addressed to the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor Associate Vice-President of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by & Organizational Development. If the District of the Association’s notification of intent Employer wishes to proceed refer a matter to arbitration, it shall within thirty (30) working days from the District and date of the Association shall attempt Step Two decision, make such request in writing addressed to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servethe President of the Union. 24.5.3 20.02 The parties agree to the use of a sole Arbitrator. If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to this agreement cannot agree on the grievance Arbitrator within fifteen (15) working days, the Minister of Post Secondary Education, Training and their representatives. Witnesses shall attend only while testifyingLabour of the Province of New Brunswick will be asked to appoint one. 24.5.6 If 20.03 The Arbitrator shall hear and determine the difference or allegation (including any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator whether a matter is arbitrable) and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreementdecision. The decision of the arbitrator will be submitted to the Association and to the District and will shall be final and binding upon the partiesparties and upon any employee affected by it. 20.04 The Arbitrator shall have all the powers vested in him or her by the New Brunswick Industrial Relations Act and by the Collective Agreement, including, in the case of discipline or discharge, the power to substitute for the discipline or discharge such other penalties that the Arbitrator feels just and reasonable in the circumstances. The Arbitrator shall not change, modify or alter the terms of the Collective Agreement. 20.05 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 20.06 Each of the parties will equally bear the expense of the Arbitrator. 20.07 At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties to have access to the Employer’s premises to view disputed operations and to confer with the necessary witnesses. 20.08 Any and all time limits fixed by this section may be extended by mutual agreement, in writing, between the Employer and the Union. Should a grievance not be referred to arbitration within the time limits, it shall be deemed to have been abandoned. 20.09 Should the parties disagree as to the meaning of the Arbitrator’s decision, either party may within fifteen (15) working days after the decision is received, apply to the Arbitrator to clarify the decision.

Arbitration. 24.5.1 If 10.01 Where a grievance which has not been resolved through the Association decides to proceed grievance procedure is referred to arbitration, it shall, within the following shall apply: a) The party referring the grievance shall give written notice to the other party not later than twenty (20) days of receipt after receipt of the written decision of response from Stage 2 that it intends to refer the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed matter to arbitration, the District and the Association arbitrator shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment be chosen by mutual agreement from said arbitrator to serveany recognized list of arbitrators. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator b) Failing agreement within the specified period of time, the District and the Association shall each submit five twenty-one (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (521) days before the first day of hearing. The names of witnesses shall or such time as may be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined agreed by the parties. These provisions , an appointment may be modified or waived made by mutual agreement the Office of Arbitration at the District and request of either party. The single Arbitrator shall be bound by all clauses in Article 10 in the Associationsame manner as an Arbitration Board. 24.5.5 The arbitration c) Arbitrators hearing grievances under this article shall be private. Attendance shall be limited first attempt to mediate a settlement to the parties grievance. If mediation is unsuccessful, the arbitrator shall proceed to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of arbitrate the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will shall have the right to limit evidence and argument and to impose a settlement. 10.02 No person who has assisted in the negotiation of this Collective Agreement, or any renewal thereof, may be without appointed to such Board of Arbitration. 10.03 The parties shall share equally the fees and expenses of the arbitrator. 10.04 The parties reserve the right to make application for Arbitration using Section 49 of the Ontario Labour Relations Act and should such right be exercised, agrees to inform the other Party in accordance with the time limits specified above. 10.05 The arbitrator shall not have the power of authority to alter, add to, modify, or amend the Collective Agreement, or to make any decision which requires the commission of an act prohibited by law or which violates inconsistent with the terms and provisions of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Collective Agreement. 24.5.8 10.06 An employee, in addition to the grievor, whose attendance is required at an Arbitration hearing shall receive permission to be absent from work providing the employee provides the Employer with fourteen (14) days written notice. The arbitrator employer shall have no power maintain salary, credits and applicable benefits and invoice the Union for the salary and benefits paid to add to, subtract from, disregard, or modify such members. 10.07 The time limits specified in the terms arbitration procedure may be altered on the written agreement of both parties. 10.08 Notwithstanding the provisions of this Agreement. The arbitrator shall be restricted from making article, the parties may agree to submit a recommendation that is not based grievance to arbitration by a three-person arbitration panel, on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon such terms as are agreed by the parties.

Arbitration. 24.5.1 1. As a condition precedent to any right of action hereunder, any dispute arising out of this AGREEMENT shall be submitted to the decision of a board of arbitration composed of two arbitrators and one umpire, meeting in Schaumburg, Illinois, unless otherwise agreed. 2. The members of the board of arbitration shall be active or retired disinterested officers of insurance companies. Each party shall appoint its own arbitrator and the two arbitrators shall choose the umpire before instituting the hearing. If the Association decides respondent fails to proceed appoint its arbitrator within four (4) weeks after being requested to arbitrationdo so by the claimant, it shallthe latter shall also appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of the umpire within four (4) weeks after their nominations, each of them shall name three (3), of whom the other shall decline two (2) and the decision shall be made by drawing lots. It is the intent of the parties to this AGREEMENT where the arbitrators have failed to agree, that the selection of umpire be confined to this determination by chance. 3. The claimant shall submit its initial brief within twenty (20) days after appointment of receipt the umpire. The respondent shall submit its brief within twenty (20) days after receipt of the written decision of claimant’s brief and the District in response to claimant may submit a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within reply brief within ten (10) days after receipt by the District of the Associationrespondent’s notification brief. 4. The board shall make its decision with regard to the custom and usage of intent to proceed to arbitration, the District and the Association insurance business. The board shall attempt to agree issue its decision in writing based upon a mutually acceptable arbitrator hearing in which evidence may be introduced without following strict rules of evidence, but in which cross examination and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association rebuttal shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remainingbe allowed. The remaining name board shall be make its decision within sixty (60) days following the arbitratortermination of the hearings unless the parties consent to an extension. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The majority decision of the arbitrator will be submitted to the Association and to the District and will board shall be final and binding upon all parties to the partiesproceeding. Judgment may be entered upon the award of the board in any court having jurisdiction thereof. 5. Each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the umpire. The remaining costs of the arbitration proceeding shall be allocated by the board.

Arbitration. 24.5.1 10.01 Either party may, failing settlement under the Grievance Procedure regarding any difference between the parties arising from the interpretation, application, administration or violation of this Collective Agreement, including any question as to whether a matter is arbitrable, submit such grievance to arbitration as follows: a) If the Association decides to proceed either party requests that a grievance be submitted to arbitration, it shallwithin the time limits outlined above, the request shall be made by registered mail or personal service addressed to the other party to the Collective Agreement outlining its choices of three (3) arbitrators to serve as a sole Arbitrator. b) Within seven (7) working days thereafter, the other party shall answer by registered mail or personal service indicating acceptance to one of the three (3) arbitrators proposed by the other party or they shall submit their three (3) alternate choices for a sole Arbitrator. c) If the parties cannot agree as to a sole Arbitrator within twenty (20) days of receipt after receipt of the written decision of notice referring the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed matter to arbitration, application may be made to the District Ministry of Labour who shall be requested to appoint an arbitrator. 10.02 Each of the parties shall be responsible for the fees and expenses of its own witnesses and counsel. The Employer and the Association Union shall attempt to agree upon a mutually acceptable arbitrator share equally the fees and obtain a commitment from said arbitrator to serveexpenses of the sole Arbitrator. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. 10.03 The decision of the arbitrator will be submitted to the Association and to the District and will Arbitrator shall be final and binding upon the partiesEmployer, the Union and the employees in the bargaining unit. 10.04 The Arbitrator shall not have any power to alter or change any of the provisions of this Collective Agreement to substitute any new provisions for any existing provisions, or to give any decision inconsistent with the terms and provisions of this Collective Agreement. 10.05 The parties to this Collective Agreement may, by mutual consent in writing, extend any of the time limits set out in the Grievance and Arbitration procedures. 10.06 No matter may be submitted to arbitration that has not been properly carried through all previous steps in the grievance procedure.

Arbitration. 24.5.1 12:01 If the Association decides grievance is not settled at Step Three, either party may notify the other within a further period of five (5) working days after receiving the written reply that it intends to proceed to arbitration, it shall, within twenty (20) days . The notice of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent intention to proceed to arbitrationarbitration shall contain the details of the grievance, a statement of the District matter in dispute, a statement of the actual remedy sought by the party from an arbitration board, and the Association shall attempt name and address of the party’s nominee to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servethe proposed arbitration board. 24.5.3 If 12:02 The party who receives the District notice of intention to proceed to arbitration shall then notify the other party of the name and address of the Association cannot mutually agree upon party’s nominee to the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools proposed arbitration board within ten (10) days. working days after receiving the notice. 12:03 The two (2) nominees appointed shall attempt to select a Chair for the board, but if they are unable to agree upon the selection within a period of ten (10) working days after the appointment of the second nominee, either of the nominees shall then have the right to request the Minister of Labour to appoint a Chair for the arbitration board. 12:04 Each party shall alternately strike a name until there is one name remaining. The remaining name bear the expenses of its own nominee to an arbitration board and the parties shall be jointly and equally bear the arbitrator. The party that strikes first shall be determined by lotfees and expenses of the Chair. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions 12:05 No grievance may be modified submitted to a board of arbitration or waived be dealt with by mutual agreement a board unless it has been properly carried through all of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to required steps of the grievance and their representatives. Witnesses shall attend only while testifyingarbitration procedures. 24.5.6 If 12:06 In the event a board of arbitration properly deals with a matter relating to discharge or other disciplinary action, then the board has the authority to reinstate an employee, with or without compensation for wages lost, or to make any question arises as to other award it may deem just in the arbitrability event that there has been a violation of the grievance, such question will be ruled upon this Agreement by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievanceEmployer. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings 12:07 Any board of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of arbitration shall not have any authority to make any decision which requires the commission of an act prohibited by law or which violates is inconsistent with the terms of the this Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power nor to add to, subtract from, disregard, to or modify amend any of the terms of this Agreement. The arbitrator jurisdiction of the arbitration board shall be restricted from making a recommendation that is not based on a violation or inequitable application strictly confined to dealing with the issues in dispute between the parties and the type of relief sought as outlined in the Agreement. notice of intention to proceed to arbitration. 12:08 The decision of the arbitrator will be submitted to the Association and to the District and will board of arbitration shall be final and binding upon the parties. The decision shall be unanimous or one reached by a majority of the members of the board; provided, however, that if there is no majority decision of the board, then the decision of the Chair shall constitute the final and binding decision of the board.

Arbitration. 24.5.1 If 20.01 Both parties to this Agreement agree that any dispute or grievance concerning the Association decides interpretation, application, administration or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance procedure outlined in Article 19, and which has not been settled, will be referred to proceed a Board of Arbitration at the request, in writing, of the party which initiated the grievance. a. The party referring the grievance shall give notice to arbitration, it shall, the other party indicating its intention to refer the matter to arbitration within twenty fourteen (2014) days after receiving the decision given at Step 2 of receipt the grievance procedure, and give the name and address of its appointee to the Arbitration Board. b. Within fourteen (14) work days after receipt of such notice, the written decision other party shall respond by indicating the name and address of its appointee to the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingArbitration Board. 24.5.2 Within ten c. Two (102) days after receipt by the District of the Association’s notification of intent to proceed to arbitrationappointees so selected shall, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party work days after receipt of the notice of the appointment of the second of them, appoint a third person who shall alternately strike a name until there is one name remainingbe Chair Person of the Arbitration Board. The remaining name two appointees so selected shall be have the arbitrator. The party that strikes first shall be determined right to extend this time period by lotmutual consent. 24.5.4 Advocates d. If the recipient of the notice fails to name an appointee, or if the two appointees fail to agree upon a Chair Person within the time limit, or as agreed within the time extended, the appointment may be made by the Minister of Labour upon request of either party. 20.02 The parties agree that prior to filing for arbitration under Section 49 of the Labour Relations Act (as amended), the parties in arbitration shall exchange all documentary material may mutually agree to be entered as evidence at least five (5) days before refer the first day of hearinggrievance to private mediation. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationIf so agreed, the Association and the District shall have equal access to documents and records that cost of such mediation will assist in adjusting the grievance, as mutually determined by be shared jointly between the parties. These provisions may be modified or waived by . 20.03 Upon mutual agreement of the District and parties, a single arbitrator may be substituted for the Association. 24.5.5 The arbitration hearing Board of Arbitration provided in this Article. In such a case, the arbitrator shall be private. Attendance shall be limited to selected from a panel of three (3) arbitrators which have been mutually agreed upon by the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making If the parties are unable to agree on the selection of a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of single arbitrator, the arbitrator will be submitted appointed by the Ministry of Labour. In cases where a single arbitrator is agreed upon in place of a Board of Arbitration, all provisions of the Article will continue to apply. 20.04 No person who has been involved in an attempt to negotiate or settle the Association grievance may be appointed as Chair Person of an arbitration board or as sole arbitrator. 20.05 All references in this Article to a Board of Arbitration shall apply equally to a sole arbitrator. 20.06 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, four (4) days after the date of mailing shall be deemed to be the District date of service. 20.07 The Arbitration Board is to be governed by the following provisions: a. The Arbitration Board shall hear and will be determine the subject of the grievance and shall issue its decision which is final and binding upon the partiesparties and upon any employee or Employer affected by it. b. The decision of the majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chair Person governs. c. Each of the parties shall pay the expenses of its appointee and one-half (½) of the remuneration and expenses of the Chair Person of the Arbitration Board. d. The Board shall determine its own procedure which shall give full opportunity to all parties to present evidence and make representations. e. The Board shall not have the power to alter or amend any of the provisions of this Agreement, or to substitute any new provision in lieu thereof, or give any decision contrary to the express intent or terms and conditions of this agreement. f. The parties and the Arbitrator shall have access to the Employer's premises to view working conditions, machinery or operations which may be relevant to the resolution of a grievance and may have access to the employee's personal and/or employment records and/or medical history which may be relevant to the resolution of a grievance. g. The Board shall have jurisdiction to determine whether a grievance is arbitrable. h. The Board shall determine the real issue and dispute according to the merits and shall make whatever disposition it deems just and equitable.

Arbitration. 24.5.1 If 12:01 Either party may, subject to Article 11 of this Agreement, notify the Association decides other party in writing of its desire to proceed submit the grievance to arbitration, it shall, . The notice shall be delivered by the party desiring to submit the grievance to arbitration to the other party within twenty seven (207) working days of receipt after the date on which the Administrator delivered the written decision as provided in sub-article 11:01. 12:02 Following receipt of the written decision of the District notice as provided in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitrationsub-article 12:01, the District Employer and the Association Union shall attempt endeavour to select an Arbitrator. If the Employer and the Union are unable to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator an Arbitrator within fifteen (15) working days, either party may then request the Minister of Labour to serveappoint an Arbitrator. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name 12:03 No person shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties appointed as Arbitrator who has been involved in arbitration shall exchange all documentary material an attempt to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 12:04 The arbitrator’s Arbitrator shall hear and determine the grievance and shall issue a decision will be in writing and will set forth the findings of factdecision is final and binding upon the Employer, reasoning the Union and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited employee or employees affected by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreementit. 24.5.8 12:05 The arbitrator Arbitrator shall not have no power jurisdiction to alter, add to, subtract from, disregardmodify, amend or modify change any of the provisions of this Agreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms and provisions of this Agreement. 12:06 The Employer and the Union will each pay one-half (1/2) of the arbitrator's fees and expenses. 12:07 Where both parties agree, a Board of Arbitration may be substituted for a single Arbitrator. In such cases, the parties shall endeavour to agree on the selection of a Chairperson and in the event that they fail to do so, the Minister of Labour will be requested to appoint a Chairperson. The arbitrator Board of Arbitration shall be restricted from making hear and determine the grievance and shall issue a recommendation that decision and the decision is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesEmployer, the Union and any employee or employees affected by it. If there is no majority decision of the Board of Arbitration, the decision of the Chairperson shall govern.

Arbitration. 24.5.1 14.01 Failing a satisfactory settlement being reached in Article 13 either party may indicate its intent to refer the grievance to arbitration within twenty-five (25) working days. When either party requests that a grievance be submitted to arbitration the request shall be made by registered mail addressed to the other party of the Agreement indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two (2) appointees shall select an impartial Chairperson. 14.02 If the Association decides party receiving the notice fails to proceed to arbitrationappoint an Arbitrator, it shall, within twenty or if the two (202) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveChairperson within seven (7) days of their appointment, the appointment shall be made by the Manitoba Labour Board upon request of either party. 24.5.3 If the District 14.03 The Arbitrator may determine their own procedure, but shall give full opportunity to all parties to present evidence and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association make representations. The Arbitrator shall each submit five (5) names of persons experienced in hearing grievances involving public schools render a decision within ten (10) days. Each party shall alternately strike a name until working days from the time of the final meeting. 14.04 The decision of the majority of the members of the Arbitration Board is the decision of the Arbitration Board and, if there is one name remaining. The remaining name no decision that is common to a majority of the members, the decision of the Chairperson of the Arbitration Board shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material deemed to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement decision of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementArbitration Board. The decision of the arbitrator will Arbitration Board shall be submitted final, binding and enforceable on all parties. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions or make any decision contrary to the Association provisions of this Agreement. 14.05 Each party shall pay: 1) the fees and expenses of the Arbitrator it appoints. 2) one-half (½) of the fees and expenses of the Chairperson. 14.06 In the case of dismissal of, or other discipline to any employee (except an employee in the District probationary period) for cause the justification for the dismissal or discipline and will the nature and extent of the penalty imposed shall be final subject to grievance as hereinbefore set out and binding upon the partiesArbitrator shall have the authority to provide the penalty which in their opinion appears to be just and equitable. 14.07 The time limits in both the Grievance and Arbitration Procedure may be extended by mutual agreement and shall be confirmed in writing. 14.08 Nothing herein shall prohibit the parties from mutually 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 a single Arbitrator.

Arbitration. 24.5.1 16.01 Any dispute or grievance concerning the interpretation or alleged violation of the Agreement or alleged wrongful dismissal which has not been settled through the Grievance Procedure of Article 15 shall be referred to a Board of Arbitration at the request of either party. 16.02 The parties by mutual agreement may use a single arbitrator. If there is no mutual agreement then a Board of Arbitration will consist of one person appointed by the Association decides Employer, one person appointed by the Union and a third person to proceed act as Chairperson chosen by the two appointees. 16.03 The request by either party for a Board shall name that party's appointee to arbitration, it the Board. The recipient of the notice shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names days, advise the other party of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a the name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lotof its appointee. 24.5.4 Advocates for 16.04 Should the parties in arbitration shall exchange all documentary material appointee fail to be entered as evidence at least agree on a Chairperson within five (5) days before of the first day appointment of hearing. The names the second of witnesses them, the Minister of Labour shall be exchanged at least five (5) days before asked to appoint a Chairperson. 16.05 No person may be appointed as Arbitrator who has been directly involved in attempts to negotiate or settle the first day grievance or dispute. 16.06 The decision of hearing. Prior to arbitration, the Association and majority shall be the District decision of the Board. 16.07 The Arbitration Board shall have equal access the power to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates settle the terms of the Agreementquestion to be arbitrated. 16.08 If the Arbitration Board finds that an employee has been unjustly laid off, suspended or discharged, that employee shall be reinstated by the Employer and the Board may order that her/his reinstatement be without loss of pay, and with all his/her rights, benefits and privileges which she/he would have enjoyed if the lay-off, suspension, or discharge had not taken place. HoweverProvided, however, that if it is agreed shown to the Board that the arbitrator is empowered employee has been in receipt of wages during the period between lay-off, suspension or discharge and reinstatement, the amount so received shall be deducted from wages which may be payable by the Employer pursuant to include this clause, less any expenses which the employee has incurred in any award such financial reimbursement or other remedies as are consistent with order to earn the Agreementwages so deducted. 24.5.8 The arbitrator 16.09 Whenever the Union requires the grievor or a shop xxxxxxx to give evidence before an Arbitration Board, then such employee will not suffer any loss of wages. 16.10 Each party shall have no power to add to, subtract from, disregard, or modify pay half the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application expenses of the Agreement. The decision Chairperson of an Arbitration Board or single Arbitrator and of the arbitrator will be submitted to stenographic and other expenses of the Association and to Board, unless paid by the District and will be final and binding upon the partiesLabour Relations Board.

Arbitration. 24.5.1 8:01 If either Party requests that a grievance be submitted to Arbitration, the Association decides request shall be in writing addressed to proceed the other Party to arbitration, it shall, this Agreement and shall contain the name of the other Party's nominee to the Board of Arbitration. The other Party shall within twenty ten (2010) days thereafter nominate its nominee to the Board of receipt after receipt Arbitration but if the other Party does not appoint its nominee within such ten (10) day period then the Office of Arbitration of the written decision Ministry of Labour for the District in response Province of Ontario may be requested to appoint a grievance that has been processed at Level Three, notify nominee by the Vice Chancellor of Human Resources in writing. 24.5.2 Within Party requesting arbitration. The two nominees shall endeavour within the ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt their appointment to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator third person to serve. 24.5.3 act as Chair of the Board of Arbitration. If the District and the Association cannot mutually nominees are unable to agree upon the selection of an arbitrator a chair within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within such ten (10) days. Each party shall alternately strike day period then a name until there is one name remaining. The remaining name Chair shall be appointed by the arbitrator. The party that strikes first shall be determined by lotOffice of Arbitration upon the request of either nominee. 24.5.4 Advocates for 8:02 Each of the Parties hereto will bear the fee and expense of the nominee appointed by it and the parties in arbitration shall exchange all documentary material to will jointly bear the fees and expenses, if any, of the Chair of the Arbitration Board. 8:03 Proceedings of the Arbitration Board will be entered as evidence at least five (5) days before expedited by the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationParties, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to majority and where there is no majority, the Association and to decision of the District and Chair will be final and binding upon the partiesParties hereto and the employee or employees concerned. No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 8:04 No person who has been involved in any attempt to negotiate or settle the grievance shall be a member of that Board of Arbitration. 8:05 The Board of Arbitration shall not have any power to alter, modify or amend any of the provisions of this Agreement or to substitute any new provisions for any existing provisions or to give any decision inconsistent with the terms and provisions of this Agreement. 8:06 The time limits set out in the Grievance and Arbitration Procedures in this Agreement (including Group, Policy and Discharge Grievance Procedures) are mandatory and failure to comply strictly with such time limits except by the written agreement of the Parties shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 44(6) of the Labour Relations Act.

Arbitration. 24.5.1 If 8.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this agreement has been violated, either party may after exhausting any grievance procedure established by this agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration, it . The notice shall contain the name of the party’s appointee to an Arbitration Board and shall be delivered to the other within thirty (30) days of the reply under Step 3 of the Grievance Procedure. The recipient party shall, within twenty (20) days of receipt after receipt ten working days, advise the other of the written decision name of its appointee to the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingArbitration Board. 24.5.2 Within ten (10a) days after receipt by The two appointees so selected shall appoint a third person who shall be the District of Chairman. If the Association’s notification of intent recipient party fails to proceed to arbitration, appoint its member or if the District and the Association shall attempt two appointees fail to agree upon a mutually acceptable arbitrator Chairman, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and obtain determine the difference or allegation and shall issue a commitment from said arbitrator to serve. 24.5.3 If the District decision and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association decision shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board. (b) In appropriate cases, the parties agree to provide for the selection of a Board Chairman prior to the naming of each party’s nominee to the Board. Each party will then appoint their nominee on the basis of being available to meet the hearing date established by the Board Chairman. Alternatively, the parties may agree to the appointment of a Board Chairman and no appointment of a nominee. This undertaking will greatly assist the parties in those situations where it is deemed appropriate to proceed as quickly as possible. 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.04 The Board of Arbitration shall not have power to alter or change any of the provisions of this agreement, 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 Where a grievance resulting from a discharge or suspension which is filed under Article 7 is not settled and duly comes before an arbitration board, the board may make a ruling: (a) Confirming the employer’s action; or (b) Reinstating the employee with compensation for regular time lost (except for the amount of any remuneration or compensation the employee has received from any other source pending the disposition of his case); or (c) Disposing of the grievance in any other manner that may be deemed by the board to be just and equitable. 8.06 The fees and expenses of the Chairman shall be paid one- half each by the Company and the Union.

Arbitration. 24.5.1 If the Association decides to proceed 9.01 When a party desires that a grievance be submitted to arbitration, it shall, that party shall notify the other party of its desire to submit the matter to arbitration within twenty fourteen (2014) calendar days of receipt after receipt the date the decision at Step 2 of the written decision grievance procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: Xxxxxxx Xxxxxx Xxxx Xxxxx Xxxxxxx Xxxxxxxx 9.02 If any individual of the District above panel who, having been requested in response his turn to a grievance that has been processed at Level Threeact as arbitrator on an arbitration, notify shall be unable or unwilling to act, he shall not again be requested to act as arbitrator on any arbitration until his name comes up again on the Vice Chancellor regular rotation of Human Resources in writingthe panel. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 9.03 The arbitrator shall have no power not be deemed to add to, subtract from, disregard, or modify be willing to act unless s/he is in the terms position to convene the hearing within forty-two (42) days from the date of this Agreementhis/her selection. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application In the event none of the Agreementabove arbitrators is willing to convene a hearing within forty-two (42) days, the matter will be referred to the Manitoba Labour Board which shall appoint an arbitrator. The decision of the arbitrator will shall be submitted given within a period of twenty-eight (28) days after the closing of the arbitration hearing. 9.04 The arbitrator may determine his own procedure but shall give full opportunity to all parties to present evidence and to make representations. 9.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the General Manager or his designate (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the Association arbitrator, and the award of the arbitrator shall be confined to the District issues therein set out. 9.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall he have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as he may deem just in the circumstances. 9.07 The findings and will decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned. 9.08 The Company and the partiesUnion shall each pay one-half (1/2) of the fees and expenses of the arbitrator. 9.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure. 9.10 The time limits set out in the grievance procedure (Article 8) and the arbitration provisions (Article 9) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union. 9.11 In the interest of settling a grievance prior to an arbitration hearing, the Company and the Union may request the assistance of a grievance mediator from the Province of Manitoba Conciliation Services where the grievance has been properly carried through the grievance procedure set out in Article 8 and referred to arbitration in accordance with this Article 9. 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 Company and the Union. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the Collective Agreement to impose or require the parties to accept his or her suggested settlement to the matter in dispute.

Arbitration. 24.5.1 If (a) Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance or where an allegation is made that this Agreement has been processed at Level Threeviolated, either party may, after exhausting any grievance procedure established by this Agreement, notify the Vice Chancellor other in writing of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by its desire to submit the District difference or allegation to arbitration. The notice shall contain the name of the Association’s notification of intent party's appointee to proceed an Arbitration Board and shall be delivered to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools other within ten (10) days. Each party shall alternately strike a name until there is one name remainingcalendar days of the reply under Step #2. The remaining recipient party shall, within ten (10) working days, advise the other of the name of its appointee to the Arbitration Board. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) 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 mediator. 10.02 The appointee so selected shall, within fifteen (15) working days of the appointment of the second of them, or at a time mutually agreed upon, appoint a third person who shall be the chairman. If the recipient party fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman, within the time limited, the appointment shall be made by the Minister of Labour upon the request of either party. The party that strikes first Arbitration Board shall be determined by lot. 24.5.4 Advocates for hear and determine the parties in arbitration difference or allegation and shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association issue a decision and the District decision shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any nurse affected by it. A decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the chairman shall govern. 10.03 Each of the parties hereto will bear the expenses of an arbitrator appointed by it and the parties will jointly bear the cost and expenses of the chairman of the Arbitration Board, if any. 10.04 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.05 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its decision to submit the difference or allegation to arbitration. Where grievance concerns: (a) Selection decisions on job vacancies (b) Premiums (c) Scheduling issues

Arbitration. 24.5.1 If (a) All questions or matters in dispute under this Agreement shall be submitted to arbitration pursuant to the Association decides terms hereof. (b) It shall be a condition precedent to the right of any party to submit any matter to arbitration pursuant to the provisions hereof, that any party intending to refer any matter to arbitration shall have given not less than 10 days' prior notice of its intention to do so to the other party, together with particulars of the matter in dispute. On the expiration of such 10 days, the party who gave such notice may proceed to arbitrationrefer the dispute to arbitration as provided in paragraph (c). (c) The party desiring arbitration shall appoint one arbitrator, it and shall notify the other party of such appointment, and the other party shall, within twenty (20) 15 days after receiving such notice, either consent to the appointment of such arbitrator which shall then carry out the arbitration or appoint an arbitrator, and the two arbitrators so named, before proceeding to act, shall, within 30 days of receipt after receipt the appointment of the written decision last appointed arbitrator, unanimously agree on the appointment of a third arbitrator to act with them and be chairman of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 arbitration herein provided for. If the District and the Association cannot mutually agree upon the selection of other party shall fail to appoint an arbitrator within 15 days after receiving notice of the specified period appointment of timethe first arbitrator, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name first arbitrator shall be the only arbitrator. The party that strikes first chairman, or in the case where only one arbitrator is appointed, the single arbitrator, shall be determined by lot. 24.5.4 Advocates fix a time and place in the State of Nevada, for the purpose of hearing the evidence and representations of the parties, and he shall preside over the arbitration and determine all questions of procedure. After hearing any evidence and representations that the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationmay submit, the Association and single arbitrator, or the District shall have equal access to documents and records that will assist in adjusting the grievancearbitrators, as mutually determined by the case may be, shall make an award and reduce the same to writing, and deliver one copy thereof to each of the parties. These provisions may be modified or waived by mutual agreement The expense of the District and arbitration shall be paid as specified in the Associationaward. 24.5.5 (d) The arbitration hearing shall be private. Attendance shall be limited to parties agree that the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability award of a majority of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregardarbitrators, or modify in the terms case of this Agreement. The arbitrator a single arbitrator, of such arbitrator, shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partieseach of them.

Arbitration. 24.5.1 If 10.01 When either party requests that a grievance be submitted to Arbitration, the Association decides request shall be in writing addressed to proceed the other party of this Agreement and shall contain the name of the first party's nominee to arbitration, it shallthe Board of Arbitration. The recipient of the notice shall within fourteen (14) calendar days thereafter designate its nominee to the Board of Arbitration. The two so nominated shall endeavour, within twenty fourteen (2014) calendar days of receipt after receipt the appointment of the written decision second of the District in response to a grievance that has been processed at Level Threethem, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain third person to act as Chairperson of the Board of Arbitration. If the nominees are unable to agree upon a commitment third person as Chairperson within fourteen (14) calendar days after the appointment of the second one of them, then either party may request the Ministry of Labour for the Province of Ontario to appoint the third member as Chairperson of the Board of Arbitration. The said two (2) nominees first appointed shall be at liberty prior to the expiration of fourteen (14) calendar days from the date of the appointment of the second of them, or prior to the appointment of the Chairperson within the said arbitrator period of fourteen (14) calendar days, to servediscuss the grievance submitted to them with a view to mutual settlement. 24.5.3 If 10.02 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the District particular grievance concerned. 10.03 Each of the parties shall pay its own expense including pay for witnesses and the Association cannot mutually agree upon expenses of its own nominee and one-half (1/2) of the selection expenses and fees of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lotChairperson. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day 10.04 The Board of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District Arbitration shall have equal access authority only to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the Agreementfacts of the grievance(s) involved. HoweverOnly grievances arising from the interpretation, it application, administration or alleged violation of this Agreement including a question as to whether a matter is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreementarbitrable shall be arbitrable. 24.5.8 10.05 The arbitrator Board of Arbitration shall have no power to alter, add to, subtract from, disregard, modify or modify the terms of amend this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementAgreement in order to give any decision inconsistent with it. The decision of the arbitrator will majority of the members of the Board of Arbitration shall be submitted to the Association decision of the Board, but if there is no majority the decision of the Chairperson shall govern. 10.06 All agreements reached under the grievance and to arbitration procedures between the District Employer and the Union and its representatives will be final and binding upon the partiesEmployer, the Union and the employee(s) involved. 10.07 Any grievance involving the interpretation or application, administration or alleged violation of this Agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. 10.08 At the arbitration stage of the grievance procedure the parties may have the assistance of the employee (or employees) concerned as witness, and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the home to view any working conditions which may be relevant to the settlement of the grievance, at a reasonable time and so as not to interfere with the function of the Home for the Aged.

Arbitration. 24.5.1 If 7.01 The parties to this Agreement agree that any grievance concerning the Association decides to proceed to arbitration, it shall, within twenty (20) days interpretation or alleged violation of receipt after receipt this Agreement which has been properly carried through all the steps of the written decision grievance procedure outlined in Article 6 above and which has not been settled, will be referred to a Board of Arbitration at the request of either of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingparties hereto. 24.5.2 Within ten 7.02 The Board of Arbitration will be composed of one (101) days after receipt person appointed by the District Employer, one (1) person appointed by the Union and a third (3rd) person to act as Chairman chosen by the other two (2) members of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveBoard. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit 7.03 Within five (5) names working days of persons experienced in hearing grievances involving public schools within ten (10) days. Each the request of either party for the Board of Arbitration, each party shall alternately strike a notify the other of the name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lotof its appointee. 24.5.4 Advocates for 7.04 Should the parties in arbitration shall exchange all documentary material person chosen by the Employer to be entered act on the Board and person chosen by the Union fail to agree on a third (3rd) member as evidence at least Chairman within five (5) days before of the first day notification mentioned in 7.03 above, the Office of hearing. Arbitration will be asked to appoint a Chairman. 7.05 The names decisions of witnesses the Board of Arbitration or a majority of such Board constituted in the above manner, or if there is no majority, the decision of the Chairman, shall be exchanged at least five (5) days before binding upon the first day of hearing. Prior to arbitrationemployee, the Association Union and the District Employer. 7.06 The Board of Arbitration shall not have equal access any power to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified alter or waived by mutual agreement change any of the District provisions of this Agreement or substitute any new provisions for any existing provisions nor to give any decisions inconsistent with the terms and the Associationprovisions of this Agreement. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to 7.07 Each of the parties to this Agreement will bear the grievance expense of the Arbitrator appointed by it and their representatives. Witnesses shall attend only while testifyingthe parties will jointly bear the expense, if any, of the Chairman. 24.5.6 If 7.08 Any arbitrator or board of arbitration, with the jurisdiction to interpret, apply or enforce this Collective Agreement, whether such jurisdiction is derived from the Collective Agreement and/or the Ontario Labour Relations Act, shall consider all relevant evidence and with respect to such evidence is not, and shall not, be restricted by any question arises as limitation concerning the introduction of evidence which may apply to applications under sections of the Ontario Labour Relations Act. 7.09 In addition to the arbitrability above noted procedures, a grievance arising out of any provision of this Collective Agreement may be referred to the grievance, such question will be ruled upon expedited arbitration procedures established by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of factLocal 183 Expedited Enforcement System, reasoning and conclusions of the issue submittedattached hereto as Appendix “C”. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it It is further agreed that the terms and provisions of the Local 183 Expedited Enforcement System form part of this Collective Agreement and the terms and conditions of the Local 183 Expedited Enforcement System, along with any other part of this Collective Agreement, may be interpreted and applied by an arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent board of arbitration with jurisdiction arising out of this Collective Agreement, the AgreementLocal 183 Expedited Enforcement System, or the Ontario Labour Relations Act. 24.5.8 The arbitrator shall have no power 7.10 Notwithstanding Article 7.09 above, a discipline and/or discharge grievance may only be referred to add to, subtract from, disregard, or modify arbitration under the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of Local 183 Expedited Enforcement System if the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesEmployer so agrees in writing.

Arbitration. 24.5.1 If 6.01 Where a difference arises between the Association decides parties to proceed or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application, administration or alleged violation of this Agreement and including any question as to arbitrationwhether a matter is arbitrable, it either of the parties may, within the time limit specified in Clause 5.02, Step 3, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an Arbitrator by the party giving notice. 6.02 The party to whom notice is given under Clause 6.01 shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by of such notice, appoint an Arbitrator and notify the District other party of the Association’s notification name of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveArbitrator. 24.5.3 If the District 6.03 The two (2) arbitrators appointed in accordance with Clause 6.01 and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of timeClause 6.02 shall, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party days after the appointment of the second of them, appoint a third Arbitrator and these three (3) Arbitrators shall alternately strike a name until there is one name remainingconstitute an Arbitration Board. The remaining name Arbitrator appointed under this Clause shall be the arbitratorChairperson of the Arbitration Board. 6.04 If: (a) the party to whom notice is given under Clause 6.01 fails to appoint an Arbitrator within the period specified in Clause 6.02, the Minister of Human Resources, Labour and Employment shall, on the request of either party, appoint an Arbitrator on behalf of the party who failed to make the appointment and such an Arbitrator shall be deemed to be appointed by that party; or (b) the two (2) Arbitrators appointed by the parties under Clause 6.01 and Clause 6.02 fail to appoint a third Arbitrator within the period specified in Clause 6.03, the Minister responsible for the Labour Relations Agency shall, on the request of either party, appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The party that strikes first Arbitrator appointed under this paragraph (b) shall be determined by lotChairperson of the Arbitration Board. 24.5.4 Advocates 6.05 Both parties to a grievance shall be afforded the opportunity of presenting the evidence and argument thereon and may employ counsel or any other person for this purpose. 6.06 If a party fails to attend or be represented without good cause at an arbitration hearing, the parties in arbitration Arbitration Board may proceed as if the party had been present or represented. 6.07 The Arbitration Board shall exchange all documentary material to be entered as evidence at least five render its decision on the grievance within fifteen (515) days before of the first day date on which the Board is fully constituted and the decision of hearing. The names of witnesses the Board shall be exchanged at least five (5) days before the first day of hearing. Prior committed to arbitration, the Association writing and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited submitted to the parties to the grievance and their representatives. Witnesses shall attend only while testifyingconcerned within a further ten (10) days. 24.5.6 If any question arises as to the arbitrability 6.08 The decision of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration majority of the merits members of an Arbitration Board shall be the decision of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementBoard. The decision of an Arbitration Board shall be signed by the arbitrator will members of the Board making the majority report. 6.09 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an Arbitration Board appointed in accordance with those provisions and do, or as the case may be, abstain from doing anything required by that decision. 6.10 Each party required by this Agreement to appoint an Arbitrator shall pay the remuneration and expenses of that Arbitrator or of the Arbitrator deemed to have been appointed by that party under Clause 6.04 and the parties shall pay equally the remuneration and expenses of the Chairperson of the Arbitration Board. 6.11 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an Arbitration Board shall not suffer any loss in pay while participating in the arbitration proceedings. 6.12 An Arbitration Board may not alter, modify or amend any provision(s) of this Agreement but shall have the power to set aside a decision of the Employer and to modify a disciplinary measure imposed by the Employer. 6.13 Subject to Article 23, in cases of dismissal and suspension, the burden of proof shall rest with the Employer and the employee shall have recourse to the Grievance Procedure. 6.14 Either party may, within seven (7) days after receipt of the report of the Arbitration Board, request the Board to reconvene for the purpose of clarifying its decision. 6.15 At any stage of the Grievance or Arbitration Procedures, the parties shall have the assistance of any employee(s) concerned as witnesses and any other witness. 6.16 Employees who are called as witnesses and appear before an Arbitration Board established in accordance with this Article shall suffer no loss of pay or benefits for the time spent at the arbitration hearing, provided that the number of witnesses is kept to a reasonable limit. 6.17 Where a grievance is referred to arbitration in accordance with Clause 5.02, both parties may, by mutual consent, agree to have the dispute dealt with by a sole Arbitrator who is acceptable to both sides, instead of an Arbitration Board. In such a case, the provision(s) of this Article as they relate to an Arbitration Board or Chairperson of an Arbitration Board shall apply to the sole Arbitrator where the context so requires. 6.18 An employee who is discharged shall have the right to have the employee's grievance heard by a single Arbitrator at the Union's request. In exceptional circumstances, the Employer may request that an Arbitration Board be constituted in such cases. Grievances of this type shall be automatically submitted to the Association and to the District and will be final and binding upon the partiesarbitration unless otherwise mutually agreed.

Arbitration. 24.5.1 If 10.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration, it . The notice shall contain the name of the party's appointee to an Arbitration Board and shall be delivered to the other within seven calendar days of the reply under Step 2. The recipient party shall, within twenty (20) seven calendar days, advise the other of the name of its appointee to the Arbitration Board. 10.02 The two appointees so selected shall, within twenty-one calendar days of receipt after receipt the appointment of the written decision second of them, appoint a third person who shall be the District in response Chairperson. If the recipient party fails to a grievance that has been processed at Level Threeappoint an arbitrator, notify or if the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt two appointees fail to agree upon a mutually acceptable arbitrator Chairperson within the time limited, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and obtain determine the difference or allegation and shall issue a commitment from said arbitrator to serve. 24.5.3 If the District decision and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association decision shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern. 10.03 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an Arbitrator appointed by it and the parties will jointly share the expenses of the Chairperson of the Arbitration Board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 Where both parties to this Agreement agree, a grievance may be heard by a sole arbitrator and the other provisions of this Article shall apply fully with necessary modifications.

Arbitration. 24.5.1 If the Association decides to proceed 11.01 When either Party requests that a grievance be submitted to arbitration, it shallthe request shall be made by registered mail addressed to the other Party of this Agreement, indicating the name of its nominee on an arbitration board. Within five (5) days thereafter, the other Party shall answer by registered mail indicating the name and address of its appointee to the arbitration board. The two arbitrators shall then meet to select an impartial Chairman. 11.02 If the Party receiving the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairman within twenty seven (207) days of receipt after receipt their appointment, the appointment shall be made by the Minister of the written decision Labour upon request of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingeither Party. 24.5.2 Within 11.03 The Board shall determine its own procedure, but shall give full opportunity to all Parties to present evidence and make representations. In its attempts at justice, the Board shall, as much as possible, follow a xxxxxx'x procedure and shall avoid legalistic or formal procedure. It shall hear and determine the difference or allegation and render a decision within ten (10) days after receipt by from the District time the Chairman is appointed. 11.04 The decision of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name majority shall be the arbitratordecision of the Board. The party that strikes first Where there is no majority decision, the decision of the Chairman shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement decision of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementBoard. The decision of the Board of Arbitration shall be final, binding and enforceable on all Parties and may not be changed. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of a grievance by any arrangement which it deems just and equitable. 11.05 Each Party shall pay: (1) The fees and expenses of the arbitrator will it appoints. (2) One-half (½) of the fees and expenses of the Chairman. 11.06 The time limits fixed in both the grievance and arbitration procedure may be submitted to extended by consent of the Association and to Parties. 11.07 The Employer agrees that any written statement against any member of the District and will Union by another member of the Union shall not be final and binding upon used in an arbitration unless the partiesUnion member giving the statement is called as a witness. 11.08 Union representatives who attend Arbitration hearings shall suffer no loss in wages.

Arbitration. 24.5.1 If the Association decides 10.01 When either party requests that a dispute be submitted to proceed to arbitrationarbitration as hereinbefore provided, it shallshall make such request in writing addressed to the other party to this Agreement, within twenty (20) days of receipt after receipt of and at the written decision of the District in response to same time name a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 nominee. Within ten (10) week days after receipt thereafter, the other party shall name the nominee, provided, however, that if such party fails to name a nominee as hereinbefore required, the Office of Arbitration of the Ministry of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the District of party invoking the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveGrievance Procedure. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time10.02 The two (2) nominees appointed pursuant to Article 10.01 shall, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) daysweekdays of the appointment of the last of them, agree upon a third person to act as Chair of the Board of Arbitration. Each party Where the two (2) nominees are unable to so agree, the Office of Arbitration of the Ministry of Labour for the Province of Ontario shall alternately strike a name until have the power to make such appointment upon application there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined to by loteither Party. 24.5.4 Advocates 10.03 The Parties may mutually agree in writing to substitute a Sole Arbitrator for the parties a Board of Arbitration in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions any matter. 10.04 No person may be modified appointed to the Board of Arbitration or waived by mutual agreement as Sole Arbitrator who has been involved in any attempt to negotiate or settle the Grievance. 10.05 The Board of Arbitration or Sole Arbitrator shall not have any power to amend, alter, modify or add to any of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited provisions of this Agreement, or to the parties substitute any new provisions or any existing provisions nor to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make give any decision which requires the commission of an act prohibited by law or which violates inconsistent with the terms and provisions of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the this Agreement. 24.5.8 10.06 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application proceedings of the Agreement. The Board of Arbitration or Sole Arbitrator will be expedited by the parties hereto and the decision of the arbitrator will be submitted to majority, and where there is no majority, the Association and to decision of the District and Chairman will be final and binding upon the partiesparties hereto and the Nurse(s) concerned. 10.07 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 Board of Arbitration or Sole Arbitrator. 10.08 The decision of the majority of the Board of Arbitration (or Sole Arbitrator where the Parties have agreed to a Sole Arbitrator) is final and binding on the Centre, the Union and any Nurse(s) affected thereby.

Arbitration. 24.5.1 If the Association decides 10.01 When either party requests that a grievance be submitted to proceed to arbitrationarbitration as provided under Article 8, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources shall make such request in writing. 24.5.2 Within , addressed to the party to this Agreement and at the same time, name its nominee to the Arbitration Board. The two nominees shall endeavor within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator third member and obtain a commitment from said arbitrator Chairperson of the Arbitration Board and it is understood that if the two nominees fail to serve. 24.5.3 If the District and the Association cannot mutually agree upon a Chairperson, the selection Chairperson shall be appointed by the Office of an arbitrator Arbitration of the Ontario Ministry of Labour. Not withstanding the above, within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within same ten (10) days. Each party shall alternately strike day time frame, the parties may agree upon a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lotsole arbitrator rather than a Board of Arbitration. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions 10.02 No person may be modified appointed as an Arbitrator who has been involved in an attempt to negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 The arbitrator’s decision will 10.03 No matter may be in writing and will set forth submitted to arbitration that has not been properly carried through all the findings of fact, reasoning and conclusions steps of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms Grievance Procedure. 10.04 Each of the Agreement. Howeverparties hereto shall bear the expenses of their nominee appointed on its behalf and the parties hereto shall jointly bear the expenses of the Chairperson of the Board of Arbitration. 10.05 Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, it is agreed that at any time, be extended by written agreement between the arbitrator is empowered Employer and the Union. 10.06 The decision of the majority of the Arbitration Board shall be the decision of the Board and shall be final and binding on both parties to include in any award such financial reimbursement or other remedies as are consistent with the this Agreement. 24.5.8 10.07 The arbitrator Board of Arbitration or the Single Arbitrator shall have no power to alter, add to, subtract from, disregard, modify or modify the terms of amend this Agreement. The arbitrator shall be restricted from making a recommendation that is Agreement nor to deal with any matter not based on a violation or inequitable application of the Agreementcovered by this Agreement in order to give any decision inconsistent with it. The decision of the arbitrator will majority of the members of the Board or Arbitration shall be submitted the decision of the Board, but if there is no majority the decision of the Chairperson shall govern. 10.08 No adjustment or remedy granted under the grievance or Arbitration process shall be made retroactive to a point prior to the Association and incident giving rise to the District and will be final and binding upon the partiesgrievance.

Arbitration. 24.5.1 If 24.01 When a difference arises between the Association decides parties relating to proceed to arbitrationthe interpretation, it shallapplication or administration of this Agreement, within twenty (20) days of receipt after receipt or where an allegation is made that this Agreement has been contravened, either of the written decision of the District in response to a parties may, after exhausting any grievance that has been processed at Level Threeprocedure established by this agreement, notify the Vice Chancellor other party in writing of Human Resources in writing. 24.5.2 Within ten (10) days after receipt its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's nominee to an Arbitration Board. Either party may also request the appointment of a single arbitrator. The notice of submission to arbitration shall be served on the other party by the District of party submitting the Association’s notification of intent grievance to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools arbitration within ten (10) days. Each party working days from the date of receipt of the Step Two reply in Article XXIII 24.02 The recipient of the notice shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least within five (5) working days before inform the first day other party of hearing. The names its nominee to the Arbitration Board. 24.03 Where two appointees are so selected they shall, within ten (10) working days of witnesses the appointment of the second of them, appoint a third person who shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District chairperson. 24.04 The appointment shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined be made by the parties. These provisions may Ministry of Labour upon the request of either party. 24.05 A single arbitrator will only be modified or waived appointed by the mutual agreement of both parties. 24.06 A single arbitrator or the District Arbitration Board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties and upon any employee or employer affected by it. 24.07 The decision of a majority is the decision of the Arbitration Board but, if there is no majority, the decision of the chairperson governs. 24.08 The arbitrator or Arbitration Board, as the case may be, shall not by decision add to, delete from, modify or otherwise amend the provisions of this Agreement. 24.09 Any notice required under this Article shall be in writing by registered mail or personal delivery to the parties at their respective mailing addresses. 24.10 Each party may be represented at the arbitration by representatives of its choice. 24.11 Each of the parties shall bear the fees and expenses of its nominee to the Arbitration Board and shall jointly share the fees and expenses of the Chairperson. 24.12 Time limits specified in this Article are mandatory and not simply directory, and may only be amended by written, mutual agreement of both parties. 24.13 The term "working days" when used in this Article shall mean Monday to Friday inclusive throughout the year but excluding school holidays as defined by the Ministry of Education. 24.14 Any grievance which is not properly processed through the grievance or arbitration procedures shall be deemed to have been abandoned.

Arbitration. 24.5.1 If 7:01 Should any grievance or difference fail to be satisfactorily settled under the Association decides foregoing procedure, either party may within 14 days notify the other party in writing of its desire to proceed submit the difference or allegation to arbitration, it shall, within twenty Arbitration. The written notice shall contain a list of three (203) days suggested Arbitrators. The recipient of receipt after receipt this list may accept one (1) of the written decision three (3) Arbitrators or in turn submit their own list of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten three (103) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator suggested Arbitrators within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lotregular working days thereafter. 24.5.4 Advocates for 7:02 If the parties in arbitration shall exchange all documentary material fail to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationagree on an arbitrator, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions matter may be modified or waived by mutual agreement referred to the Minister of the District and the AssociationLabour who shall appoint an Arbitrator. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 7:03 The arbitrator shall hear and determine the grievance or difference and shall issue a decision and that decision shall be final and binding upon the parties and upon the employees affected by it. 7:04 The arbitrator shall not have no power the authority to alter, add to, subtract from, disregard, modify or modify amend any of the provisions of this agreement or to substitute any new provisions for any existing provisions or make any decision inconsistent with the terms and provisions of this Agreementthe agreement. Subject to the foregoing, the arbitrator shall have the power to make any such decision as the arbitrator may in the circumstances deem just and equitable. 7:05 Each of the parties hereto shall jointly share the fees and expenses of the arbitrator. 7:06 The parties may by mutual agreement amend the provisions 7:01 to provide for a panel of arbitrators in accordance with the “Hospitals Labour Disputes Arbitration Act.” 7:07 No person shall act as an arbitrator who has been directly involved in attempts to negotiate or settle the grievance. 7:08 Where both parties agree, a Board of Arbitrators may be submitted for a single arbitrator. In such cases, the parties shall endeavor to agree on the selection of a chairperson and in the event they fail to do so, the Minister of Labour shall be requested to appoint the chairperson. The arbitrator Board of Arbitrators shall be restricted from making bound by the provisions of Article 7 that apply to a recommendation that is not based on a violation or inequitable application single arbitrator. Each party shall be responsible for the costs of their nominees as well as one half (½) of the Agreement. The decision costs of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesarbitrator.

Arbitration. 24.5.1 19.01 If the Association decides parties fail to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt settle the grievance at Step 2 of the Grievance Procedure, the grievance may be referred to arbitration under the following procedure. 19.02 The party requiring arbitration must serve the other party with written notice of desire to arbitrate within fourteen (14) days, but not later, after receiving the decision at Step 2 of the District Grievance Procedure. 19.03 Both parties to this Agreement agree that any grievance concerning the interpretation or alleged violation of the Agreement which has been properly carried through all the steps of the grievance procedure outlined in response Article 18 above and which has not been settled may be referred to a grievance that has been processed Board of Arbitration at Level Three, notify the Vice Chancellor request of Human Resources in writingeither of the parties. 24.5.2 19.04 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names working days of persons experienced in hearing grievances involving public schools within ten (10) days. Each the request by either party for a Board each party shall alternately strike a notify the other of the name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lotof its appointee. 24.5.4 Advocates for 19.05 Should the parties in arbitration shall exchange all documentary material person chosen by the employer to be entered act on the Board and the person chosen by the Union fail to agree on a third member as evidence at least Chairman within five (5) days before of notification mentioned in 19.02 above, the first day Minister of hearing. Labour of the Province of Ontario will be requested to appoint a Chairman. 19.06 The names decision of witnesses the Board of arbitration or a majority thereof shall be exchanged at least five (5) days before binding on the first day of hearing. Prior to arbitrationemployee, the Association Union, and Employer. 19.07 The Board of Arbitration shall not have any power to alter or change any of the provisions of the Agreement or to substitute any new provisions for and existing nor to give any decision inconsistent with the terms and provisions of this Agreement. 19.08 Each of the parties of this Agreement will bear the expense of the Arbitrator appointed by it, and the District shall have equal access to documents and records that parties will assist in adjusting jointly bear the grievanceexpense, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement if any, of the District and the AssociationChairman. 24.5.5 a. The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability nature of the grievance, such question the remedy sought, and the section or sections of the Agreement which are alleged to have been violated shall be set out in the written record of the grievance any may not be subject to change in later Steps. b. In determining the time which is allowed in the various Steps, Saturdays, Sundays, and Statutory Holidays shall be excluded and any time limits may be extended by Agreement in writing. c. If advantage of the provisions of Article 18 and 19 hereof is not taken within the time limits specified therein or as extended in writing as set out above, the grievance shall be deemed to have been abandoned and may not be responded. 19.10 By mutual agreement the parties may appoint a single arbitrator who will be ruled upon by invested with the arbitrator and shall first be decided by same powers as the arbitrator before consideration board of the merits of the grievancearbitrators mentioned above. 24.5.7 The arbitrator’s decision will 19.11 Notwithstanding the arbitration procedure outlined above, a grievance may, at any time, be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted referred to the Association and to Ontario Labour Relations Board for arbitration under the District and will be final and binding upon the partiesprovisions of The Labour Relations Act.

Arbitration. 24.5.1 16.01 If the Association decides decision at the last stage of the grievance procedure does not settle the grievance satisfactorily, then the party submitting the grievance may, within fifteen (15) working days of the receipt of the said decision, advise the other party in writing of its intention to proceed submit such grievance to arbitration, it shallsetting out the specific issues to be arbitrated and the provision of the Agreement which apply. Grievances which are carried to the arbitration stage shall normally be heard before a single Arbitrator. The Parties have expressed confidence in the ability of the under mentioned persons, and agree that they shall be called in the following order or as otherwise agreed between the parties: • Xx. Xxxxx Xxxxx • Mr. G. Luborski • Xx. X. McDowell • Xx. X. Saltman 16.02 Notwithstanding Article 16.01 above, either party to the Agreement may waive a single arbitrator in favour of an Arbitration Board. This right shall be exercised within twenty fifteen (2015) working days of receipt after receipt of the written decision of the District in response to requesting or receiving a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 request for Arbitration. Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each working days thereafter each party shall alternately strike appoint an Arbitrator. In the event that the Arbitrators so appointed are unable to settle the grievance within three (3) working days after the appointment of the latter Arbitrator, they shall select a name until there is one name remaining. The remaining name third person by mutual agreement, who shall be the arbitrator. The party that strikes first shall be determined by lotact as Chairperson of an Arbitration Board. 24.5.4 Advocates for 16.03 The time limits specified in the parties in arbitration shall exchange all documentary material above sections may be extended by written mutual agreement at any time prior to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior their expiration. 16.04 If they are unable to arbitrationagree upon such a Chairperson, the Association and the District shall have equal access Provincial Minister of Labour will be asked to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions appoint an impartial Chairperson. 16.05 No matter may be modified submitted to arbitration which has not been properly carried through all earlier steps provided for in Article 15 - Grievance Procedure (or, in discipline and discharge cases in Article 17 - Discipline and Discharge Cases) and no person may be appointed as an arbitrator who has been party to an attempt to negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 16.06 The arbitrator’s decision Arbitration Board will not be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority authorized to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent inconsistent with the Agreementprovisions of this Agreement and/or its Memorandum nor to alter, modify, add to or amend any part of this Agreement or its Memorandum. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. 16.07 The decision of the arbitrator will be submitted to the Association and to the District and Arbitration Board will be final and binding upon the partiesParties, and recognizing the importance of promptly disposing of all such cases, the Arbitration Board will be requested to meet at the earliest opportunity and should render its decision within seven (7) working days from the time the matter was referred to them. The decision of a majority of the Arbitration Board shall be the decision of the Board, and if there is no majority, the decision of the Chairperson shall govern. 16.08 Where the Arbitration Board deems it necessary to incur other expenses in connection with the case, the Arbitration Board will consult with the Parties before making its decision re: incurring such expenses. Expenses which may be incurred in connection with the services of the Chairperson or arising out of this Section will be borne equally by both Parties to this Agreement. 16.09 The Parties acknowledge that the Arbitration Board can make a determination in relation to a grievance filed during the term of this Agreement, concerning the payment of monies which would have been payable to an employee had the Company complied with the terms of this Agreement.

Arbitration. 24.5.1 If (a) The party advancing the Association decides to proceed grievance to arbitration, it shallwill notify the other party in writing, within twenty and (20i) name its nominee to the board of arbitration; or (ii) state its desire to consider the appointment of a single arbitrator. (b) Within five days of receipt after receipt of notification provided for in clause 14.08 (a), the written decision party receiving such notice will (i) inform the other party of the District in response name of its nominee to a grievance that has been processed at Level Three, notify board of arbitration; or (ii) arrange to discuss with the Vice Chancellor other party the selection of Human Resources in writinga single arbitrator. 24.5.2 Within ten (10c) days after receipt The parties may select one person to act as a sole arbitrator to whom any such grievance may be submitted for arbitration and such person will have the same powers and be subject to the same restriction as a board of arbitration appointed under this Agreement. (d) Where agreement cannot be reached on a single arbitrator, a board of arbitration will be established. Where the nominees to a board have been named by the District of the Association’s notification of intent parties, they will within ten days endeavor to proceed to arbitration, the District and the Association shall attempt to agree upon select a mutually acceptable arbitrator and obtain chairperson for the arbitration board. If they are unable to agree, an application will be made to the Minister of Labour to appoint a commitment from said arbitrator to servechairperson. 24.5.3 If (e) The following conditions will apply to the District and the Association cannot mutually agree upon the selection powers of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot.arbitrator may: 24.5.4 Advocates for (i) require production, in advance of the hearing, of documents deemed relevant to the grievance; (ii) examine any witnesses deemed relevant to the grievance; (iii) assist the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability mediating a resolution of the grievance; (iv) not change, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration amend, alter or modify any of the merits terms of the grievance.this Agreement; 24.5.7 The arbitrator’s decision will be (v) in writing and will set forth the findings of factmatters relating to disciplinary action, reasoning and conclusions of the issue submitted. The arbitrator will be reinstate an employee with or without power of authority to compensation for wages and/or benefits, and/or make any decision which requires the commission of an act prohibited by law or which violates other award s/he may deem just and reasonable that would be consistent with the terms of the Agreement. However. (f) The arbitrator will have the responsibility to: (i) arbitrate the matter and confine the decision to the issues in dispute; (ii) determine his/her own procedure and give full opportunity to the parties to present evidence and to be heard; (iii) hear and determine the merits of the grievance and issue an award in writing to the parties within 30 days of the conclusion of the hearing; (iv) where requested, it determine whether a particular matter is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the arbitrable under this Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The (g) Any arbitration decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by the decision. (h) The decision will be one reached by a majority of the members of the board of arbitration. However, if there is no majority decision, then the decision of the Chair will constitute the final binding decision. (i) Each party will bear the expenses and costs of their respective presentation and the parties will equally share the fees and expenses of the arbitrator. (j) The parties will be responsible for informing any third party likely to be adversely affected: (i) of the time and place of the sitting of the board of arbitration; (ii) of the grievance to be placed before the board of arbitration; and (iii) of the right of that third party to be present and represented.

Arbitration. 24.5.1 If the Board of Education and the Association decides shall be unable to proceed to arbitrationresolve any grievance and it shall involve an alleged violation of a specific article and section of this agreement, it shallmay, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District decision of the Association’s notification Board of intent to proceed Education, be appealed to arbitration, . The Association Executive Board may file a written appeal and it shall be delivered to the District American Arbitration Association and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from Board of Education within said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) daysday period, and if not so delivered, the grievance shall be abandoned. Each party If the parties are unable to agree upon an arbitrator, he/she shall alternately strike a name until there is one name remainingbe appointed under the rules of the American Arbitration Association. The remaining name arbitrator, so selected, will confer with the parties and hold hearings promptly and will issue his/her decision. The arbitrator's decision shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitrationwriting, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the his/her findings of fact, reasoning reasoning, and conclusions of on the issue issues submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to alter, modify, add to, or subtract fromfrom the provisions of this agreement. His/Her authority shall be limited to deciding whether specific articles and sections of this agreement have been violated and shall be subject to, disregardin all cases, the rights, responsibilities and authority of the parties under the Michigan Revised School Code, or modify the terms of this Agreementany other national, state, county, district, or local laws. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application usurp the functions of the AgreementBoard of Education or the proper exercise of its judgment and discretion, under the law and this agreement. The decision of the arbitrator will be submitted to arbitrator, if within the Association and to the District and will scope his/her authority, as above set forth, shall be final and binding upon binding. The arbitrator's fee and other expenses of arbitration shall be paid by the partiesloser. Each party shall bear their own expenses in connection therewith. 1. The following matters shall not be the basis of any grievance filed under the procedure outlined in this article: a. Termination of services of, or failure to re-employ, any probationary teacher. b. Termination or non-renewal from an extra-curricular position. c. Termination of service of, or failure to re-employ, any tenured teacher.

Arbitration. 24.5.1 If In the Association decides event any grievance cannot be adjusted as set forth in Article 8 hereof, and either party elects to proceed go to arbitration, it such party may do so by sending written notice of such desire to the other party within a period of fifteen (15) days from the date of the delivery of the decision of the Company as provided in Article 8, Section 2, paragraph B, hereof. A temporary Board of Arbitration shall be chosen immediately in the following manner: One member of said board shall be chosen by the Company and one member by the Union. The two thus chosen shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before exclusive of Saturdays, Sundays and holidays, select the first day third member of hearingsaid board, and in the event they cannot agree on the third member, the Company and the Union shall request the Director of the State Mediation and Conciliation Service to submit a list of five persons qualified to act as the third member of said arbitration board. The Union representative and the Company representative, after the receipt of said list, shall each have the right to strike two names from it in the following manner. The two representatives shall determine by lot the order of witnesses elimination and thereafter each shall, in that order, alternately eliminate one name until only one remains. The fifth or remaining name shall thereupon be accepted by both the Union and the Company as the third member of the board. The three arbitrators so selected shall endeavor to meet daily for the purpose of hearing such grievance as may be referred to them and render a decision thereon. A majority decision of said board shall be exchanged at least final and binding upon both parties and transmitted in writing to each thereof. No single grievance shall consume a period in excess of five (5) working days after the appointment of the board of arbitrators. Failure of either party to appoint its arbitrator within a period of five (5) days before from the first day time of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined official notice by the partiesother party of arbitration proceedings will cause that party to forfeit its case. These provisions Each party shall bear the expense of its own arbitrator. Compensation of the third arbitrator, in addition to the general expense of said board as a whole, shall be paid jointly by both parties hereto. Failure on the part of either party to perform the act required in Articles 8 and 9 within the time limits as set forth shall cause said party to forfeit its case. Time limit requirements set forth herein may be modified or waived extended by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon between the parties.

Arbitration. 24.5.1 If 10.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance or where an allegation is made that this Agreement has been processed at Level Threeviolated, either party may, after exhausting any grievance procedure established by this Agreement, notify the Vice Chancellor other in writing of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by its desire to submit the District difference or allegation to arbitration. The notice shall contain the name of the Association’s notification of intent party's appointee to proceed an Arbitration Board and shall be delivered to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools other party within ten (10) daysworking days of the reply under Step III. Each The recipient party shall alternately strike within ten (10) working days, advise the other of the name of its appointee to the Arbitration Board. 10.02 The two (2) appointees so selected shall, within fifteen (15) working days of the appointment of the second of them or at a name until there is one name remaining. The remaining name time mutually agreed upon, appoint a third person who shall be the arbitratorChair. If the recipient party fails to appoint an Arbitrator, or if the two appointees fail to agree upon a Chair, within the time limit, the appointment shall be made by the Office of the Adjudication, Ministry of Labour upon the request of either party. The party that strikes first Arbitration Board shall be determined by lot. 24.5.4 Advocates for hear and determine the parties in arbitration difference or allegation and shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association issue a decision and the District decision shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chair shall govern. 10.03 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an Arbitrator appointed by it and the parties will jointly share the expenses of the Chair of the Arbitration Board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of the Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 Either party may request the services of a sole Arbitrator and if the parties agree, the case shall be heard by the sole Arbitrator, however, all other conditions as set forth in this Article will prevail.

Arbitration. 24.5.1 If 10.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shallor where an allegation is made that this Agreement has been violated, within twenty (20) days of receipt after receipt either of the written decision of parties may, after exhausting the District in response to a grievance that has been processed at Level Threeprocedure established by this Agreement, notify the Vice Chancellor other party in writing of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by its desire to submit the District difference or allegation to arbitration and the notice shall contain the name of the Associationfirst party’s notification appointee to an arbitration board. The recipient of intent to proceed to arbitration, the District and the Association notice shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names days, inform the other party of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a the name until there is one name remainingof its appointee to the arbitration board. The remaining name appointees so selected shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least within five (5) days before of the first day appointment of hearing. The names the second of witnesses them, appoint a third person who shall be exchanged at least the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour of Ontario upon the request of either party. Notwithstanding the foregoing, on agreement between the parties, a Single Arbitrator may be substituted for the Board of Arbitration set out herein; in which case the President of the Union and the President of the Company or their designates shall within five (5) days before select an impartial Arbitrator. The Arbitration Board or the first day of hearing. Prior to arbitrationSingle Arbitrator, as the Association case may be, shall hear and determine the differences or allegation and shall issue a decision and the District decision shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties and upon the Employee(s) affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. 10.02 Time limits established in the foregoing Article may be changed by mutual consent of the parties. No matter may be submitted to arbitration which has not been properly carried through the proper steps of the Grievance Procedure. 10.03 The Arbitration Board or Single Arbitrator, as the case may be, shall have no authority in any way to alter, modify, amend or extend this Agreement or to make any decision inconsistent with its terms and provisions. 10.04 Each party shall be responsible for the expense and compensation of its Member of the Board. The expenses and compensation of the impartial Chairperson shall be shared equally between the parties. 10.05 An Arbitrator appointed under Section 49 of the Labour Relations Act shall have the same powers and restrictions as an arbitration board under this Agreement.

Arbitration. 24.5.1 If 14.01 Should any matter concerning the Association decides to proceed to arbitrationinterpretation, application, operation or alleged violation of the provisions of this Agreement remain unsettled following Step Two of the Grievance Procedure, it shall, within twenty (20) days of receipt after receipt of the written decision of the District may be referred to an Arbitrator by notice in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingwriting by either party. 24.5.2 14.02 Within ten (10) calendar days after receipt by from the District date settlement could have been made at Step Two of the Association’s notification of intent to proceed to arbitrationGrievance Procedure outlined in Article 13.02, the District and case may be submitted to Arbitration by one party notifying the Association other party in writing of its desire to submit the grievance or allegation to Arbitration. Within seven (7) days following such notice, the parties shall attempt to mutually agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 an Arbitrator. If the District and the Association parties cannot mutually agree upon the selection of an arbitrator Arbitrator within the specified period of timeseven (7) days, the District moving party may make an application to the Labour Relations Board for an Arbitrator to be assigned to hear the case. 14.03 The Arbitrator shall hear and determine the difference or allegation and shall issue a decision, and the Association decision shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties, and upon any employee affected by it. 14.04 Each of the parties will bear the expense of the witnesses called by it and the parties will bear the expense of the Arbitrator in equal shares. No cost of Arbitration shall be awarded to or against either party. 14.05 In any Arbitration, the written representation of the employee or employees as presented in the Grievance Procedure herein and the replies of the Company or in the case of a difference directly between the Union and the Company, the written representation by the applicant for the Arbitration and the reply thereto by the other party shall be presented to the Arbitrator and the decision of the Arbitrator shall be confined to determining the issues set out herein. 14.06 Each party shall be entitled to be represented by counsel or otherwise and to present evidence, to cross-examine the witnesses of the other party and the present arguments orally and/or in writing. Any witness shall testify under oath. When written arguments are submitted, each party may reply once to the argument of the other party. When any written argument or brief is filed by a party with the Arbitrator; a copy shall, at the same time, be sent to the other party. 14.07 The Arbitrator shall have access to the plant, to view disputed operations, if desired, and to confer with the necessary witnesses. 14.08 It is agreed that the Arbitrator shall not have the authority to alter, modify or amend any part of this Agreement or to make any general changes such as in wage rates or to make any recommendations inconsistent with the provisions of this Agreement. 14.09 The Union and the Company agree that every reasonable effort will be made to obtain the Award of the Arbitrator within thirty (30) days after the close of the proceedings.

Arbitration. 24.5.1 If Any unresolved grievance which relates to the Association decides interpretation, application, or enforcement of a provision of this Agreement, or any written supplementary Agreement, and which has been fully processed to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt the last step of the written decision Grievance Procedure, may be submitted to arbitration in strict accordance with the following: 1. The American Arbitration Association shall be requested by either or both parties to provide a panel of five (5) arbitrators. Both the District in response Employer and the Union shall have the right to a strike two (2) names from the panel. The University and the Union shall on alternate grievances strike the first name. On the first grievance that has been processed at Level Three, notify submitted to arbitration under this Contract the Vice Chancellor of Human Resources in writingUnion will strike the first name and the process will be reversed for subsequent grievances. 24.5.2 Within ten (10) days after receipt by 2. Should either the District University or the Union indicate that a particular grievance or dispute is of such a nature as to require expeditious determination, said party may waive the Association’s notification of intent Arbitration procedure as set forth above and request that the grievance or dispute be submitted to proceed to arbitration, Expedited Arbitration. Under this process the District and the Association parties shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon to select an Arbitrator on an ad-hoc basis within seven (7) working days from the selection of date that the request for Arbitration is made. Failure to mutually select an arbitrator within the specified above stated time period of time, will require the District and the Association shall each submit five parties to (5within three (3) names of persons experienced in hearing grievances involving public schools within ten (10days thereafter) days. Each party shall alternately strike a name until there is one name remainingarbitrators from the following panel: a. Xxxxxxx Xxxxxx d. Xxxxxxx X. Xxxxx b. Xxxxxxxx Xxxxxx e. Xxxx Xxxxxx c. Xxxxxx X. XxXxxxxxx 3. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement jurisdictional authority of the District arbitrator is defined and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties determination of any grievance which involves a controversy concerning compliance with any provision of this Agreement and is submitted to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are him/her consistent with the provisions of this Agreement. 24.5.8 . The arbitrator shall have no power to add to, or subtract from, disregardor modify, or modify any of the terms of this the Agreement. 4. The award of the arbitrator shall be restricted based exclusively on evidence at the arbitration hearing. 5. There shall be no appeal from making an arbitrator's decision. It shall be final, exclusive and binding to the Union, on all the Bargaining Unit Employees, and on the University. The Union will discourage any attempt by any Bargaining Unit Employee, and will not cooperate with any Bargaining Unit Employee, in any appeal to any court or labor board from a recommendation that is not based on a violation or inequitable application decision of the Agreementarbitrator. 6. The University, in no event, shall be required to pay back wages for more than thirty (30) working days prior to the date a written grievance is filed. In the case of a pay shortage of which the Employee could not have been aware before receiving his/her pay, any adjustment shall be retroactive to the beginning of the pay period covered by such pay, if the Employee files his/her grievance within thirty (30) working days after receipt of such pay. All claims for back wages shall be limited to the amount of wages that the Employee otherwise would have earned, less any unemployment compensation, or wages for personal services that he/she may have received from any source during the period in question. 7. The decision of the arbitrator in any case shall not require a retroactive wage adjustment in any other case except in the case of representative cases when there is mutual agreement. 8. The arbitrator shall be requested to issue his/her decision within thirty (30) days after the conclusion of testimony, argument, and submission of briefs. 9. Expenses of the arbitrator's services and the proceedings shall be borne equally by the Employer and the Union. However, each party shall be responsible for compensating its own representatives and witnesses, except that two (2) Union representatives who are Employees of the University will be submitted provided time off with pay from their regular work day to attend the Association and arbitration proceedings. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the District and will be final and binding upon the partiesrecord.

Arbitration. 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days 10.01 Failing settlement of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Threeunder the preceding procedure, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within such grievance may be submitted to arbitration within ten (10) working days after of either receipt of the Step 4 response or the expiry of the time limit for response by the District Employer, or where the parties consent to proceed to Step 5, within ten (10) working days of receipt of either the written recommendations from the Elders or the expiry of the Association’s notification of intent time limit for response by the Elders, provided the grievance has been properly processed through the entire grievance procedure. 10.02 If a grievance is not referred to proceed arbitration within the ten (10) working day period, the grievance will be conclusively deemed to have been abandoned. (a) When either party requests that a grievance be referred to arbitration, the District request shall be made in writing addressed to the other party to this Collective Agreement. (b) The following arbitration provisions shall apply: (i) At the request of either party, parties will meet and negotiate an Anishinabek Arbitration provision. Following the negotiation of an Anishinabek Arbitration provision, the parties shall comply with the Anishinabek Arbitration provision and Article 10.03(b)(ii) shall be of no force and effect; (ii) Pending the negotiation of an Anishinabek Arbitration provision: A. the Employer and the Association shall Union make an attempt to agree upon a mutually acceptable arbitrator single Anishinabek Arbitrator; B. failing agreement on a single Anishinabek Arbitrator, the Employer and obtain the Union shall each select one (1) nominee and these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a commitment from said arbitrator to servenon-Anishinabek Chairperson; C. at any time and despite Articles 10.03(b)(ii) (A) and (B), with the consent of the Employer and the Union a single Arbitrator may be used. 24.5.3 If (c) It is understood that the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association Arbitrator shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator interpret this Collective Agreement and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent only deal with the Agreement. 24.5.8 The arbitrator questions which are submitted, and shall have no power to alter, add to, subtract fromor amend this Collective Agreement. (d) The Employer and the Union shall each be responsible for the fees and expenses of its own appointee, disregardif any, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application and for one-half (1/2) of the Agreement. The decision fees and expenses of either the arbitrator will be submitted individual appointed pursuant to the Association and Anishinabek Arbitration provision as the Chairperson or a single arbitrator agreed to the District and will be final and binding upon by the parties.

Arbitration. 24.5.1 An Arbitration Board shall be constituted and convened in the following manner: (a) If the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt grievance is unresolved at Step Two or upon the failure of the written decision Director, or his or her designate, to reply within the time specified in clause 17.05(b) or of the District responding party to reply within the time specified in response to a grievance that has been processed at Level Three17:06(b), whichever is appropriate, the grieving party may notify the Vice Chancellor of Human Resources other party, in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each , of its intention to submit the matter to arbitration. (b) The party receiving the notice shall alternately strike appoint its nominee within ten (10) days of receipt of notice. (c) In making their appointments to the Arbitration Board both parties shall be guided by the following: That no person be appointed a name until there is one name remaining. member of an Arbitration Board who has any direct pecuniary interest in the matter coming before it, or who has, within a period of six (6) months immediately preceding the date of his or her appointment, acted as a mediator, solicitor, counsellor or negotiator of either of the parties but no person shall be deemed to have direct pecuniary interest by reason of his or her being a rate payer within the area of jurisdiction of the Board. (d) The remaining name two appointees so selected shall, within fifteen (15) days of the appointment of the second of them or some mutually agreed upon time appoint a third person who shall be the arbitrator. The party that strikes first Chairperson. (e) If the recipient of the notice fails to appoint an appointee within the time designated the appointment shall be determined made by lotthe Minister of Labour or, if the two appointees fail to agree upon a Chairperson within the time designated, the Chairperson shall be appointed by the Minister of Labour. 24.5.4 Advocates for the parties in arbitration (f) The Arbitration Board shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association hear and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to determine the grievance and their representativesshall issue a decision. Witnesses The decision is final and binding upon the parties and upon any Teacher affected by it. A decision of the majority shall attend only while testifyingbe the decision of the Arbitration Board. If there is no majority the decision of the Chairperson governs. 24.5.6 If any question arises as to (g) The Board and the arbitrability appropriate Association shall each be responsible for the fees and expenses of its own appointee. The parties will share equally the fees and expenses of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievanceChairperson. 24.5.7 (h) The arbitrator’s decision will be in writing and will set forth Arbitration Board shall have the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority only to make any decision which requires the commission of an act prohibited by law or which violates settle disputes under the terms of a grievance as outlined in this Article and will only interpret and apply this Agreement to the Agreementfacts of the particular grievance involved. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator Arbitration Board shall have no power to alter, add to, subtract from, disregard, modify or modify the terms of amend this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The , nor to give any decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesinconsistent with it.

Arbitration. 24.5.1 If 1. Any grievance, which remains unsettled after having been fully processed pursuant to the Association decides to proceed Grievance Procedure, may be taken to arbitration, it shallby request of either party, within twenty sixty (2060) days of receipt after receipt the Step 2 answer has been rendered. 2. The Arbitrator shall not have the authority to add to, disregard, or to modify any of the written decision terms of this Agreement, including; salary rates, benefit plans or job classifications. Additionally, the District Arbitrator shall not have the authority to review, revoke, modify or enter any award with respect to the discharge of an employee within their probationary period as specified in response to a grievance that has been processed at Level ThreeArticle XII, notify the Vice Chancellor of Human Resources in writingSection 8. 24.5.2 3. Within ten (10) days after receipt by either party notifies the District other of the Association’s notification of intent to proceed to its desire for arbitration, as provided herein, either party may request the District Federal Mediation and the Association shall attempt Conciliation Service, or its successor, in writing, to agree upon submit a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association canlist of not mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit less than five (5) arbitrators from which the Council and the Employer shall strike off the names on the list who are not acceptable and shall indicate the order of persons experienced in hearing grievances involving public schools preference of those remaining. In the event all names are stricken from the list the Council and the Employer shall, within ten (10) days. Each party shall alternately strike days of such action, request the Federal Mediation and Conciliation Service, or its successor, to submit a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least second list of not less than five (5) days before arbitrators and the first day of hearing. The names of witnesses above procedure shall be exchanged at least five (5) days before the first day followed. 4. All time limits noted in this article are exclusive of hearingFridays, Saturdays, Sundays and facility closure days. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may They can be modified or waived extended by mutual agreement of the District parties. 5. Each party shall bear its respective expenses, and the Associationexpenses and fee of the Arbitrator shall be shared equally by the Council and the Employer. 24.5.5 The arbitration hearing shall be private6. Attendance shall be limited In the event a dispute should arise involving any classified information, the Arbitrator’s must have a security clearance as required by the Department of Energy. 7. It is understood that no information that is proprietary or business sensitive to the parties Employer or to a sponsor of work at the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to Hanford Plant will be utilized or disclosed in the arbitrability arbitration process unless all persons including Arbitrators, involved in the arbitration process who are not employees of the grievanceEmployer have first executed an agreement in the form attached hereto as Attachment “I”, such question will be ruled upon and entitled “Intellectual Property Agreement” which by the arbitrator and shall first be decided by the arbitrator before consideration this reference is made a part of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will this Agreement as though fully set forth in the findings body of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms 8. Cost of this Agreement. The arbitrator official transcripts of arbitration proceedings shall be restricted from making a recommendation that is not based on a violation or inequitable application at the expense of the Agreement. The decision of the arbitrator will be submitted requesting party, which shall include a copy furnished to the Association other party and to the District and will be final and binding upon the partiesArbitrator.

Arbitration. 24.5.1 If 12.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration, it . The notice shall contain the name of the party's appointee to any Arbitration Board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within twenty five (205) working days, advise the other of the name of its appointee to the Arbitration Board. 12.02 The two appointees so selected shall, within fifteen (15) working days of receipt after receipt the appointment of the written decision second of them, or a time mutually agreed upon, appoint a third person who shall be the District in response Chairperson. If the recipient party fails to a grievance that has been processed at Level Threeappoint an arbitrator, notify or if the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt two appointees fail to agree upon a mutually acceptable arbitrator Chairperson within the time limits, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and obtain determine the difference or allegation and shall issue a commitment from said arbitrator to serve. 24.5.3 If the District decision and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association decision shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern. 12.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 12.04 Each of the parties hereto will bear the expenses of an arbitrator appointed by it and the parties will jointly share the expenses of the Chairperson of the Arbitration Board, if any. 12.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.

Arbitration. 24.5.1 41.01 If the Association decides Union and the Company cannot reach an adjustment, upon request of either party, the grievance shall be submitted to proceed an Arbitrator mutually agreed upon by the parties. The party desiring to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response submit a matter to a grievance that has been processed at Level Three, Arbitration shall notify the Vice Chancellor other party to this Agreement of Human Resources its intention in writing. 24.5.2 writing and at the same time nominate at least three (3) names of possible Arbitrators. Within ten (10) calendar days after receipt thereafter the other party shall choose one (1) of the suggested Arbitrators or submit its list of three (3) possible arbitrators. If agreement is not reached by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of parties within an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within additional ten (10) days. Each calendar days thereafter either party shall alternately strike may request the Manitoba Labour Board appointment to appoint a name until there is one name remainingqualified Arbitrator. The remaining name Arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above Arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the Manitoba Labour Board who shall appoint an Arbitrator. The decision of the Arbitrator shall be given within a period of twenty-one (21) days after the arbitratorclosing of the arbitration hearing. 41.02 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration, or be a person who has a personal or financial interest in either party to the dispute. 41.03 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer and shall make such independent investigation as they deem essential to a full understanding and determination of the issues involved. The party that strikes first In reaching their decision, Arbitrators shall be determined governed by lotthe provisions of this Agreement and shall render their decision as soon as reasonably possible. 24.5.4 Advocates for the parties in arbitration 41.04 The Arbitrator shall exchange all documentary material to not be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent vested with the Agreement. 24.5.8 The arbitrator shall have no power to add tochange, subtract from, disregard, modify or modify alter any of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party which is contrary to any provisions of this Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 41.05 In the event of termination, discharge or suspension of an employee, the Arbitrator shall have the right to sustain the Company's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the matter in any way they deem equitable. 41.06 The arbitrator findings and decisions of the Arbitrator, on all arbitrable questions, shall be restricted from making a recommendation that binding and enforceable on all parties involved. 41.07 It is not based on a violation or inequitable application the intention of the Agreementparties that this Article shall provide a peaceful method of adjusting all grievances, so that there shall be no suspension or interruption of normal operations, as a result of any grievances. The decision parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Article. 41.08 The expenses and fees of the arbitrator will Arbitrator shall be submitted borne equally by the parties to the Association and to the District and will be final and binding upon the partiesarbitration proceedings.

Arbitration. 24.5.1 If the Association decides to proceed ‌ 9.01 When either party requests that a grievance be submitted to arbitration, as provided under Article 8, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to shall make such a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources request in writing. 24.5.2 Within ten (10) days after receipt by , addressed to the District of the Association’s notification of intent other party to proceed to arbitration, the District this Agreement. The Employer and the Association Union shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of on an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) working days, or such longer period as the parties may agree to, of the request by either party of its intent to submit a dispute to arbitration. Each Failing which and within the same period of time, either party shall alternately strike may request the Minister of Labour, of the Province of Ontario, to appoint a name until there is one name remaining. The remaining name shall be the single arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions 9.02 No person may be modified appointed as an arbitrator who has been involved in an attempt to negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 The arbitrator’s decision will 9.03 No matter may be in writing and will set forth the findings of fact, reasoning and conclusions submitted to arbitration which has not been carried through all previous Steps of the issue submitted. Grievance Procedure. 9.04 Each of the parties hereto shall bear the expenses of the representative appointed on its behalf, and the parties hereto shall jointly bear the expense of the Chairperson of the Board of Arbitration. 9.05 Any and all time limits referred to under this Article may, at any time, be extended by written agreement between the Health Centre and the Union. 9.06 The arbitrator will decision of the majority of the Arbitration Board shall be without the decision of the Board and shall be final and binding on the Health Centre, the Union, and the employee(s) affected provided, however, that in no event shall the Board of Arbitration have the power to change this Agreement or to alter, modify, or amend any of authority its provisions, nor to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent conflict with the provisions of this Collective Agreement. 24.5.8 The arbitrator 9.07 In determining any discharge, the Board of Arbitration shall have no power the authority to: (a) affirm the Health Centre's action and dismiss the grievance, or; (b) set aside the penalty imposed by the Health Centre and restore the grievor to add toher former position with or without compensation, subtract from, disregardor; (c) vary or alter the penalty imposed by the Health Centre, or modify make such other determination as the terms Board, in its discretion, may deem just and reasonable. 9.08 The parties may agree to a Single Arbitrator, by mutual agreement, who shall have all the same rights as a Board of this AgreementArbitration. 9.09 At any stage of the Grievance Procedure, including arbitration, the parties may have the assistance of the employee(s) concerned as witnesses and any other necessary witnesses. The arbitrator All reasonable arrangements will be made to permit the conferring parties or the arbitrator(s) to have access to any part of the Health Centre to view any working conditions which may be relevant to the settlement of the grievance. Time spent during the grievance process shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will deemed to be submitted time worked up to the Association and basic work day or work week. 9.10 The parties agree to use a roster of arbitrators for the District and will be final and binding upon the parties.purpose of 9.01 above. They shall be;

Arbitration. 24.5.1 If the Association decides to proceed 11.01 When either party hereto requests that a grievance be submitted to arbitration, it shallsuch request shall be made in writing within the time limit specified in the Grievance Procedure, within twenty (20) days of receipt after receipt of addressed to the written decision of other party and, at the District in response to a grievance that has been processed at Level Threesame time, notify the Vice Chancellor of Human Resources in writing. 24.5.2 nominating an arbitrator. Within ten (10) working days after receipt by the District of the Association’s notification of intent to proceed to arbitrationthereafter, the District and Union or the Association Corporation, as the case may be, shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servenominate its arbitrator. Time limits may be extended by mutual consent. 24.5.3 11.02 If the District and party receiving the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools request for arbitration fails to appoint its nominee within ten (10) days. Each party shall alternately strike , or if the two nominees failed to agree on a name until there is one name remaining. The remaining name third person to act as Chairman within ten (10) days, the appointment shall be made by the arbitrator. The party that strikes first shall be determined by lotMinistry of Labour upon request of either party. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions 11.03 No person may be modified appointed as a nominee who has been involved in an attempt to negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of settle the grievance. 24.5.7 The arbitrator’s decision 11.04 Each party will be in writing bear the expense of the nominee appointed by it and will set forth the findings of factjointly bear expenses, reasoning and conclusions if any, of the issue submitted. Chairman of the Arbitration Board. 11.05 No matter may be submitted to arbitration which has not been properly carried through all previous stages of the Grievance Procedure. 11.06 The arbitrator will nominees or the Arbitration Board shall not be without power authorized to alter, modify or amend any part of authority this Agreement, to make any decision inconsistent therewith, nor to deal with any matter not covered by this Agreement, but can make a settlement which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it in their opinion is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreementjust and equitable. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. 11.07 The decision of the arbitrator will be submitted to majority of the Association and to the District and Board will be final and binding upon the partiesparties but should a majority decision not be possible, then the decision of the Chairman will be final and binding. 11.08 As an alternative, either party may by mutual agreement submit the matter to a single arbitrator as provided by the Labour Relations Act and Article 11.06 shall apply equally to a single arbitrator with respect to jurisdiction and expenses. 11.09 As an alternative to arbitration both parties may agree to utilize the services of a Grievance Settlement Officer on a 50/50 cost sharing basis.

Arbitration. 24.5.1 If the Association decides to proceed 10.01 When either party requests that a grievance be submitted to arbitration, it shall, within twenty (20) days of receipt after receipt the request shall be made by registered mail addressed to the other party of the written decision Agreement, indicating the name of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 its nominee on an Arbitration Board. Within ten (10) working days after of receipt by the District of the Association’s notification of intent to proceed to arbitrationletter, the District other party shall answer by registered mail indicating the name and address of its appointee to the Association Arbitration Board. The two (2) arbitrators shall attempt then select an impartial Chairperson. 10.02 If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveChairperson within seven (7) working days of appointment, the appointment shall be made by the Minister of Labour, upon the request of either party. 24.5.3 If the District 10.03 The Arbitration Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of timemake representation. In its attempts at justice, the District Board shall, as much as possible, follow a layperson's procedure. To this end it is agreed that neither party shall employ the services of Legal Counsel to make any presentation at the Arbitration hearing. It shall hear and determine the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools difference or allegation and render a decision within ten (10) days. Each party shall alternately strike a name until there working days from the time the Chairperson is one name remaining. appointed. 10.04 The remaining name decision of the majority shall be the arbitratordecision of the Arbitration Board. The party that strikes first Where there is no majority decision, the decision of the Chairperson shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement decision of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementBoard. The decision of the arbitrator will be submitted to the Association and to the District and will Arbitration Board shall be final and binding upon and enforceable on all parties, but in no event shall the partiesArbitration Board have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of any discharge or any discipline grievance by any arrangement which in its opinion it deems just and equitable. 10.05 Should the parties disagree as to the meaning of the decision, either party may apply to the Chairperson of the Arbitration Board to re-convene the Board to clarify the decision, which it shall do within seven (7) working days. 10.06 Each party shall pay: a) The fees and expenses of the Arbitrator it appoints. b) One half (1/2) the fees and expenses of the Chairperson. 10.07 The time limits fixed in both the grievance and arbitration procedure may be extended by consent of the parties to this Agreement. 10.08 At any stage of the grievance or arbitration procedure, the parties may have the assistance of the employee(s) concerned as witness(es). As well, all reasonable arrangements will be made to permit the conferring parties or the arbitrator(s), and any other witnesses to have access to the Employer's premises to view any working conditions which may be relevant to the settlement of the grievance. Employees who appear as witnesses shall not suffer loss in wages.

Arbitration. 24.5.1 If a) Where a difference arises between the Association decides parties relating to proceed the interpretation, application, or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance or where an allegation is made that this Agreement has been processed at Level Threeviolated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the Vice Chancellor other in writing of Human Resources in writing. 24.5.2 Within ten (10its desire to submit the grievance or allegation to arbitration by a single arbitrator. The notice will contain the name(s) days after receipt by the District of the Associationparty’s notification of intent proposed arbitrator(s) and will be delivered to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools other within ten (10) days. Each party shall alternately strike a name until there is one name remainingworking days of the reply under Step 3. The remaining recipient party will, within ten (10) working days, advise the other of the name shall of its proposed arbitrator(s). b) For matters mutually agreed by the parties, including the discharge of an employee, the grievance or allegation will be the arbitratorsubmitted to a Board of Arbitration. The notice will contain the name of the party’s appointee to a Board of Arbitration and will be delivered to the other within ten (10) working days of the reply under Step 3. The recipient party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least will, within five (5) days before working days, advise the first day other of hearingthe name of its appointee to the Arbitration Board. The names Where the parties agree to a Board of witnesses shall be exchanged at least Arbitration, the two appointees so selected will, within five (5) working days before of the first day appointment of hearingthe second of them, or a time mutually agreed upon, appoint a third person who will be the Chairperson. Prior If the recipient party fails to arbitrationappoint an arbitrator, or if the two appointees fail to agree upon a Chairperson, within the time limit, the Association appointment will be made by the Minister of Labour upon the request of either party. The Arbitration Board will hear and determine the difference or allegation and will issue a decision and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the partiesparties and upon any employees affected by it. The decision of a majority will be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson will govern. c) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. d) Each of the parties hereto will bear the expenses of an arbitrator appointed by it and the parties will jointly share the expenses of the Chairperson of the Arbitration Board, if any. e) The Board of Arbitration will not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement.

Arbitration. 24.5.1 (a) Where a difference arises between the parties to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application, administration or alleged violation of this Agreement and including any question as to whether a matter is arbitrable, either of the parties may within fourteen (14) working days after exhausting the Grievance Procedure notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an Arbitrator by the party giving notice. The party to whom notice is given shall, within ten (10) working days after receipt of such notice, appoint an Arbitrator and notify the other party of the name of the Arbitrator. (b) Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board. In which event, the provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board. The time limits set out in this Article may be extended at any time only by mutual agreement of both parties to the arbitration. 10.02 The two (2) Arbitrators appointed in accordance with Clause 10.01 shall, within fourteen (14) working days after the appointment of the second of them, appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The Arbitrator appointed under this Clause shall be the Chairperson of the Arbitration Board. If the Association decides party to proceed whom notice is given under Clause 10.01 fails to arbitrationappoint an Arbitrator within the period specified, it the Chairman of the Labour Relations Board shall, on the request of either party, appoint an Arbitrator on behalf of the party who failed to make the appointment and such Arbitrator shall be deemed to be appointed by that party. If the two (2) Arbitrators appointed by the parties under Clause 10.01 fail to appoint a third Arbitrator within the periods specified, the Chairman of the Labour Relations Board shall, on the request of either party, appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The Arbitrator appointed shall be Chairman of the Arbitration Board. 10.03 Both parties to a grievance shall be afforded the opportunity of presenting evidence and argument thereon and may employ counsel or any other person for this purpose. The Arbitration Board shall render its decision on the grievance within fifteen (15) days of the date on which the board is fully constituted and the decision of the board shall be committed to writing and submitted to the parties concerned within a further ten (10) days. 10.04 The decision of the majority of the members of an Arbitration Board shall be the decision of the Board. The decision of an Arbitration Board shall be signed by the members of the Board making the majority report. The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an Arbitration Board appointed in accordance with these provisions and do or, as the case may be, abstain from doing anything required by that decision. An Arbitration Board may not alter, modify, or amend any provisions to this Agreement. 10.05 Should the parties disagree as to the meaning of the Arbitrator's decision, either party may apply to the Arbitrator to clarify the decision, which he/she shall do within twenty (20) days days. 10.06 Each party required by this Agreement to appoint a nominee to the Arbitration Board shall pay the remuneration and expenses of receipt after receipt that nominee deemed to have been appointed by that party under Clause 10.02 and the parties shall pay equally the remuneration and expenses of the written decision Chairperson of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingArbitration Board. 24.5.2 Within ten (10) days after receipt by the District 10.07 At any stage of the Association’s notification Grievance and Arbitration Procedure the parties shall have the assistance of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5any employee(s) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remainingconcerned as witnesses. The remaining name Employer shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates receive written notice of request for the parties in arbitration shall exchange all documentary material to be entered as evidence time off for any witness who is required for such assistance at least five forty-eight (548) days before hours prior to the first day of the hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties.

Arbitration. 24.5.1 If 10.01 Failing the Association decides to proceed to arbitrationsettlement of a grievance in accordance with Articles 8 and 9, it shallthe Grievance, within twenty the time provided, shall be subject to the Arbitration in accordance with the following rules: (20I) The parties shall within an additional seven (7) working days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable sole arbitrator and obtain a commitment from said arbitrator to servefailing mutual agreement either party may request an appointment by the Minister of Training and Employment Development. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time(II) The persons named, the District and the Association shall each submit five (5) names of or any persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined substituted therefore by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District parties to this Agreement shall be called upon to arbitrate on a rotation basis and the Associationin order of their listing. 24.5.5 (III) The arbitration hearing written notice to Arbitrate shall be private. Attendance delivered to the other party to the Arbitration and to the Arbitrator whose turn is indicated. (IV) If the Arbitrator whose turn is indicated refuses to act, cannot be located or cannot act within four (4) working days, the succeeding names will be approached in order until an Arbitrator is reached who is willing and able to act within four working days of receiving the notice. 10.02 The Arbitrator shall be limited hold a hearing within four (4) working days after the notice to arbitrate is submitted and shall render a decision to the parties within seventy-two (72) hours after the completion of the hearing provided that a failure to make an award within the grievance and their representatives. Witnesses time prescribed or as extended by the parties shall attend only while testifyingnot invalidate the proceedings or terminate the authority of the Arbitrator. 24.5.6 If any question arises as 10.03 It is understood and agreed in the application of this Article that there is no power in the participants to the arbitrability of the grievancea settlement to add to, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law subtract from or which violates modify the terms of the this Agreement. HoweverThe sole function of an Arbitrator shall be to render a decision which shall be binding on the parties as to interpretation, it application, administration or an alleged violation of this Agreement, including any question as to whether a matter is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 arbitral. The arbitrator Arbitrator shall have no power to add to, subtract from, disregard, from or modify the terms of this Agreement. 10.04 Where an Employee has been discharged or disciplined unjustly or unreasonably, the Employee shall be reinstated and shall receive compensation in such amount as would have been earned had the employee been working or in such amount as is just and reasonable in the circumstances. If an Arbitrator determines that an Employee has been discharged or otherwise disciplined for cause, the Arbitrator may substitute such other penalty for the discharge or discipline as to the Arbitrator seems just and reasonable in all circumstances; the burden of establishing that a different penalty should be imposed shall be on the Employee concerned. The arbitrator Arbitrator shall have no power to vary a suspension of five (5) working days or less imposed for cause and no power to vary a discharge where the Employee concerned has been the subject of two or more suspensions prior to the incident culminating in the discharge. 10.05 It is understood and agreed that an Employee presenting a grievance or an Employee whose presence is required in the settlement of a grievance, may, after satisfactory arrangement made with his or her immediate supervisor, be given time off without deduction of pay to participate in the presentation of the grievance to the extent that his or her presence is required during the presentation, or in connection with any Arbitration arising there from. 10.06 The times fixed by this Article are mandatory but may be extended by mutual agreement in writing. If a Grievance or Arbitration is not processed within the time allowed, the Grievance or Arbitration shall be restricted from making a recommendation that is not based on a violation or inequitable application deemed to have been abandoned. Saturdays, Sundays and Holidays shall be excluded in computing the time allowed. 10.07 The costs of the Agreement. The decision of Arbitrator shall be borne equally by the arbitrator will be submitted parties to the Association and to the District and will be final and binding upon the partiesArbitration.

Arbitration. 24.5.1 (a) If any Claim arises, the party making such Claim shall provide a written notice (a “Claim Notice”) to the other party hereto, specifying the nature of the Claim and thereafter, the parties shall negotiate in good faith to resolve such Claim expeditiously. If the Association decides parties do not resolve the Claim within forty-five (45) days of a Claim Notice, the parties shall endeavor in good faith to proceed resolve such Claim expeditiously using informal dispute resolution techniques, such as mediation, expert evaluation, or determination or similar techniques reasonably agreed by the parties. If the parties do not resolve the Claim within ninety (90) days of a Claim Notice, then the Claim shall be submitted to mandatory, final and binding arbitration administered by JAMS, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration, it shallsubject to the provisions of this Section 7.8, pursuant to the Federal Arbitration Act, 9 U.S.C., Section 1 et seq. The place of arbitration shall be Scottsdale, Arizona. (b) There shall be three (3) arbitrators, with one arbitrator to be appointed by each party and the third to be appointed by the two (2) arbitrators so appointed. The arbitrators shall be agreed upon by the parties within twenty (20) days of receipt after receipt by the respondent of a copy of the written decision demand for arbitration. If the parties do not agree upon arbitrators within this time limit, such arbitrators shall be appointed by JAMS in accordance with the listing, striking and ranking procedure in the Rules, with each party being given a limited number of strikes, except for cause. Any arbitrator appointed by JAMS shall be a retired judge or a practicing attorney with no less than twenty years of experience with corporate and limited liability company matters and an experienced arbitrator. In rendering an award, such arbitrators shall be required to follow the laws of the District state of New York. (c) The arbitration shall be the sole and exclusive forum for resolution of the Claim, and the award shall be in writing, state the reasons for the award, and be final and binding. Judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall not be permitted to award punitive, multiple or other non-compensatory damages. Any costs or fees (including attorneys’ fees and expenses) incident to enforcing the award shall be charged against the party resisting such enforcement. The arbitrators shall be permitted to, but shall not be required to, award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. (d) The parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including but not limited to any pleadings, briefs or other documents submitted or exchanged, any documents disclosed by one party to another, testimony or other oral submission and any awards or decisions) shall not be disclosed beyond the arbitrators, JAMS, the parties, their legal and professional advisors, and any person necessary for the conduct of the arbitration, except as may be required in judicial proceedings relating to the arbitration, or by law, regulatory or governmental authority. (e) Barring extraordinary circumstances (as determined in the sole discretion of the arbitrator), discovery shall be limited to pre-hearing disclosure of documents that each side will present in support of its case, and, in response to a grievance reasonable documents requests, non-privileged documents in the responding party’s possession or custody, not otherwise readily available to the party seeking the documents, and reasonably believed to exist, that has been processed at Level Three, notify may be relevant and material to the Vice Chancellor outcome of Human Resources in writingdisputed issues. There shall be no depositions. 24.5.2 Within ten (10f) days after receipt by the District of the Association’s notification of intent to proceed By agreeing to arbitration, the District parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment, or other order in aid of arbitration proceedings and the Association shall attempt enforcement of any award. Without prejudice to agree upon such provisional remedies as may be available under the jurisdiction of a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of timecourt, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District arbitrator shall have equal access full authority to documents grant provisional remedies and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to direct the parties to request that any court modify or vacate any temporary or preliminary relief issued by such court, and to award damages for the grievance failure of any party to respect the arbitrator’s orders to that effect. In any such judicial action: (i) each of the parties irrevocably and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as unconditionally consents to the arbitrability exclusive jurisdiction and venue of the grievancefederal or state courts located in New York (the “New York Courts”) for the purpose of any pre-arbitral injunction, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of factpre-arbitral attachment, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add toorder in aid of arbitration proceedings, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District non-exclusive jurisdiction of such courts for the enforcement of any judgment on any award; (ii) each of the parties irrevocably waives, to the fullest extent they may effectively do so, any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens or any right of objection to jurisdiction on account of its place of incorporation or domicile, which it may now or hereafter have to the bringing of any such action or proceeding in any New York Courts; (iii) each of the parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid; and will be final (iv) each of the parties hereby irrevocably waives any and binding upon the partiesall right to trial by jury.

Arbitration. 24.5.1 If the Association decides 10:01 When either Party to proceed to this Agreement requests that a grievance be submitted for arbitration, it shallthey shall make such request, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited addressed to the parties other Party to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the this Agreement. 24.5.8 10:02 The arbitrator arbitration procedure incorporated in this Agreement shall have no power to add tobe based on the use of a single arbitrator, subtract from, disregardselected on a rotating basis from a panel of arbitrators set out below, or modify the terms a Board of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will Arbitration as set out in Article 10:07: Owen Shime, Xxxxx Xxxxx, Xxxxx Xxxxxxx, and Xxxxxxx Xxxxxx. 10:03 No matter may be submitted to arbitration which has not been properly carried through the Association grievance procedure. 10:04 The Arbitrator shall hear and to determine the District grievance as filed and will his or her decision shall be final and binding upon on the partiesParties. 10:05 The Arbitrator shall not make any decision inconsistent with the provisions of this Agreement or deal with any matter not covered by this Agreement, nor alter, modify or amend any part of this Agreement. 10:06 The Parties will jointly bear the fees and expenses of the Arbitrator on an equal basis. The Parties will otherwise bear their own expense with respect to any arbitration proceedings. 10:07 The Parties, by mutual agreement, may agree to submit a grievance to a Board of Arbitration. In such a case the Parties shall each appoint a nominee this Board of Arbitration and the Chairperson of the Board of Arbitration will be one of the arbitrators set out in Article 10:02 or such other Chairperson as the two nominees appointed by the Parties otherwise agree. The provisions of Articles 10:03, 10:04 and 10:05 will likewise apply to the Board of Arbitration. Further, the Parties will jointly bear the fees and expenses of the Chairperson on an equal basis. The Parties will otherwise bear their own expenses with respect to the arbitration proceedings, including the fees and expenses of their respective nominee. 10:08 At any point in the grievance procedure, the Parties, by mutual consent in writing, may elect to resolve the grievance by using grievance mediation. The Parties shall agree on the individual to be the mediator and the time frame in which a resolution is to be reached. The timelines in the grievance procedure shall be frozen at the time the Parties mutually agreed in writing to use the grievance mediation procedure. Upon written notification of either Party to the other Party indicating that the grievance mediation is terminated, the timelines in the grievance/ arbitration procedure shall continue from the point at which they were frozen.

Arbitration. 24.5.1 If 11.1 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable or where an allegation is made that this agreement has been violated, either party may, within thirty (30) working days, after exhausting the Grievance Procedure provided herein, request that the matter be submitted to arbitration. 11.2 When either party requests that a matter be submitted to arbitration, it shallsuch a request will be made in writing to the other party of this Agreement, and the notice shall contain the name of the first party appointee to the Arbitration Board, and the subject to be arbitrated. 11.3 The recipient of the notice will, within twenty five (205) days of receipt after receipt working days, advise the first party of the written decision name of its appointee to the Arbitration Board. The two appointees so nominated may meet and try to settle the grievance. If within three (3) working days, they fail to reach an agreement, they will attempt to select by agreement, a third member to act as an impartial Chair of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingArbitration Board. 24.5.2 Within ten (10) days after receipt by 11.4 If the District recipient of the Association’s notification of intent notice fails to proceed to arbitrationappoint an Arbitrator, or if the District and the Association shall attempt two appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator Chair within four (4) working days, the Ontario Labour Relations Board will be asked to servename an impartial Chair. 24.5.3 If 11.5 The decision of the District majority of the members of the Board will be final and binding, and in the Association cannot mutually agree upon the selection absence of an arbitrator within the specified period of timea majority decision, the District decision of the Chair will be final and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. binding. 11.6 Each party shall alternately strike a name until there is one name remaining. The remaining name shall will be responsible for the arbitrator. The party that strikes first shall be determined expenses of their own appointee and responsible also for an equal share of the fees and expenses, if any, incurred by lotthe Chair. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority 11.7 Neither an Arbitration Board nor a Single Arbitrator is authorized to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent inconsistent with the provisions of this Agreement, nor to alter, modify, amend or supplement any part of this Agreement. 24.5.8 11.8 As an alternative to a Board of Arbitration, a sole Arbitrator may be used if mutually agreeable. 11.9 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of time limits in this Agreement. The arbitrator shall article may be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding extended upon mutual agreement by the parties.

Arbitration. 24.5.1 If the Association decides to proceed 10.01 When either party requests that a grievance be submitted to arbitration, it shallthe request shall be made by registered mail addressed to the other party to the Agreement, within twenty (20) days indicating the name and address of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 its nominee on an arbitration board. Within ten (10) working days after receipt by the District of the Association’s notification of intent to proceed to arbitrationthereafter, the District other party shall answer by registered mail indicating the name and address of its nominee to the Association arbitration board. The two (2) nominees shall attempt then meet to select an impartial chairperson. 10.02 If the party receiving the notice fails to appoint a nominee or if the two (2) nominees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator chairperson within the specified period of time, the District and the Association shall each submit five (5) names working days of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name their appointment, the appointment shall be made by the arbitrator. The party that strikes first shall be determined by lotMinister of Labour upon request of either party. 24.5.4 Advocates for the parties 10.03 No person may act as a board member who has been involved in arbitration shall exchange all documentary material an attempt to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified negotiate or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the settle a grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. 10.04 The decision of a majority of the arbitrator will be submitted to Board of Arbitration, and failing a majority decision or in the Association and to case of a sole arbitrator, the District and decision of the Chairperson will be final and binding upon the parties hereto. 10.05 Each of the parties hereto will pay the expenses of its board member to the Board of Arbitration; the parties will jointly share the fees and expenses of the Chairperson or sole arbitrator. (a) The Arbitration Board shall have jurisdiction to deal with interpretation, application, administration or alleged violation of this agreement, including any questions as to whether a matter is arbitrable. (b) The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 10.07 The Board shall, however, in respect to a grievance involving a suspension or discharge, be entitled to modify, or set aside such penalty, or order back pay and benefits, if in the opinion of the arbitrator it is just and equitable to do so. 10.08 When a settlement is agreed upon at any step listed above, such agreement shall be final and binding on both parties. 10.09 No matter may be submitted to arbitration that has not properly been carried through all previous steps of the grievance procedure. 10.10 The Board of Arbitration shall have the right to enter any premises where work is being done or has been done by the employees or in which the Employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to it and inspect and view any work material, machinery, appliance or article herein, and interrogate any person respecting any such thing or any of such differences. 10.11 The parties agree to communicate beforehand and attempt to establish an agreed statement of fact.

Arbitration. 24.5.1 If Where a difference arises between the Association decides parties during the term of this Collective Agreement relating to proceed the dismissal, discipline or suspension of an employee, or to arbitrationthe interpretation, it shallapplication, within twenty operation, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, the matter may be referred to an Arbitrator by either Party. 1. The right to arbitration shall not extend to any matters other than those concerning the interpretation, application, administration, or alleged violation of this Agreement. 2. Arbitration proceedings shall be instituted by service of a written notice to arbitrate by either party upon the other. Within seven (207) days of receipt after receipt the service of such notice, each party shall propose an Arbitrator to hear the issue. If agreement on the selection of an Arbitrator is not reached within fourteen (14) days of the written decision notice to arbitrate, a request shall be made to the Minister of Labour to appoint an Arbitrator. 3. The Arbitrator shall not have power to alter or change any of the District provisions of this Agreement, or to substitute new provisions for any existing provisions thereof, and in response to a grievance that has been processed at Level Three, notify reaching its decision he/she shall be bound by the Vice Chancellor terms and provisions of Human Resources in writingthis Agreement. 24.5.2 Within ten 4. The Arbitrator shall, before the hearing, require the representatives of the parties to appear before him/her to define the questions of interpretation or alleged violation to be arbitrated and to establish the procedure to be followed at the hearing. All steps in connection with the arbitration shall be taken as expeditiously as possible. 5. The Arbitrator shall complete his/her sittings and hand down his/her decision within thirty (1030) days after receipt of his/her appointment, unless this time limit is extended by the District mutual consent of the Association’s notification Union and the Company. 6. Each party shall pay one-half (1/2) the fees and expenses of intent to proceed the Arbitrator and any clerk or stenographer whom the Board of Arbitration may require, as well as the full costs of its own witnesses. 7. If the Union submits a disciplinary case to arbitration, the District and Arbitrator shall have the Association shall attempt authority to agree upon substitute a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servelesser penalty if, in the Arbitrator’s opinion, the Company’s discipline was too severe. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement8. The decision of the arbitrator will be submitted to the Association and to the District and will Arbitrator shall be final and binding upon on the parties. Should a matter not be resolved and an Arbitrator be required to resolve the issue, upon mutual agreement the parties may use the Expedited Arbitration Procedure as outlined in Section 104 and 105 of the current British Columbia Labour Relations Code.

Arbitration. 24.5.1 If In the Association decides event of a dispute in relation to proceed to arbitrationthis Agreement, it shallincluding without limitation, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Threeexistence, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed validity, performance, breach or termination hereof or any matter arising hereunder, including whether any matter is subject to arbitration, the District Parties agree to negotiate diligently and in good faith in an attempt to resolve such dispute. Failing resolution satisfactory to either Party, within ten days of the time frame specified herein or if no time frame is specified within ten days of the delivery of notice by either Party of the said dispute, which shall be after the dispute remains open for a period of 90 days, either Party may request that the dispute be resolved by binding arbitration, conducted in English, in Vxxxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxx, pursuant to the international commercial arbitration rules of the Vancouver International Arbitration Centre (the “VANIAC”). The appointing authority shall be the VANIAC and the Association case shall attempt be administered by the VANIAC in accordance with its International Commercial Arbitration Rules of Procedure, subject to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator the following: (a) to serve. 24.5.3 If demand arbitration either Party (the District “Demanding Party”) shall give written notice (the “Dispute Notice”) to the other Party (the “Responding Party”), which Dispute Notice shall toll the running of any applicable limitations of actions by law or under this Agreement. The Dispute Notice shall specify the nature of the allegation and the Association cannot issues in dispute, the amount or value involved (if applicable) and the remedy requested. Within 15 Business Days of receipt of the Dispute Notice, the Responding Party shall answer the demand in writing, responding to the allegations and issues that are disputed; (b) the Demanding Party and the Responding Party shall mutually agree upon the selection of an one single qualified arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement seven Business Days of the District and Responding Party’s answer, failing which either the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited Demanding Party or the Responding Party may request the VANIAC to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability appoint one qualified arbitrator within five Business Days of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitratorResponding Party’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreementanswer. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application disinterested person qualified by experience to hear and determine the issues to be arbitrated; (c) no later than 15 Business Days after hearing the representations and evidence of the AgreementParties, the arbitrator shall make its determination in writing in English and shall deliver one copy to each of the Parties. The written decision of the arbitrator will be submitted to the Association and to the District and will shall be final and binding upon the partiesParties in respect of all matters relating to the arbitration, the procedure, the conduct of the Parties during the proceedings and the final determination of the issues in the arbitration. There shall be no appeal from the determination of the arbitrator to any court. The decision rendered by the arbitrator may be entered into any court for enforcement purposes; (d) the arbitrator may determine all questions of law and jurisdiction (including questions as to whether or not a dispute is arbitrable) and all matters of procedure relating to the arbitration; (e) the arbitrator shall have the right to grant legal and equitable relief and to award costs (including reasonable legal fees and the costs of arbitration) and interest. The costs of any arbitration shall be borne by the Parties in the manner specified by the arbitrator in its determination, if applicable. The arbitrator may make an interim order, including injunctive relief and other provisional, protective or conservatory measures, as well as orders seeking assistance from a court in taking or compelling evidence or preserving and producing documents regarding the subject matter of the dispute; (f) all papers, notices or process pertaining to an arbitration hereunder may be served on a Party as provided in this Agreement; and (g) the Parties agree to treat as Confidential Information, in accordance with the provisions of section 9.2, the following: (i) the existence of the arbitral proceedings; (ii) written notices, pleadings and correspondence in relation to the arbitration; (iii) reports, summaries, witness statements and other documents prepared in respect of the arbitration; (iv) documents exchanged for the purposes of the arbitration; and (v) the contents of any award or ruling made in respect of the arbitration. Notwithstanding the foregoing part of this section, a Party may disclose such Confidential Information in judicial proceedings to enforce, nullify, modify or correct an award or ruling and as permitted under section 9.2.

Arbitration. 24.5.1 If Where a difference arises between the Association decides parties relating to proceed the interpretation, application, or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitrable, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance or where an allegation is made that this Agreement has been processed at Level Threeviolated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the Vice Chancellor other in writing of Human Resources in writing. 24.5.2 Within its desire to submit the grievance or allegation to arbitration by a single arbitrator. The notice will contain the name(s) of the party’s proposed arbitrator(s) and will be delivered to the other within then (10) working days of the reply under Step 2. The recipient party will, within ten (10) days after receipt working days, advise the other of the name of its proposed arbitrator(s). If the parties fail to agree on a single arbitrator, the appointment shall be made by the District Minister of Labour upon the request of either party. Either party may submit the grievance to a Board of Arbitration. The notice shall contain the name of the Associationfirst party’s notification appointee to an Arbitration Board. The recipient of intent to proceed to arbitrationthe notice shall, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days, inform the other party of the name of its appointee to the Arbitration Board. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least Where two (2) appointees are so selected, they shall, within five (5) days before of the first day appointment of hearing. The names the second of witnesses them, appoint a third person who shall be exchanged at least the chair. If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree upon a Chair within five (5) days before the first day of hearing. Prior to arbitrationdays, the Association and the District appointment shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined be made by the partiesMinster of Labour upon the request of either party. These provisions may be modified or waived The Arbitration Board shall hear pertinent representation by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to and/or representatives and determine the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator difference or allegation and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreementdecision. The decision of the arbitrator will be submitted to the Association and to the District and will shall be final and binding upon the partiesparties and upon any Occasional Teacher or employer affected by it. The decision of a majority is the decision of the Arbitration Board, but, if there is not a majority, the decision of the Chair governs. The single Arbitrator or Board of Arbitration shall not, by its decision, add to, delete from, modify, or otherwise amend the provisions of the Collective Agreement. The single Arbitrator or Board of Arbitration shall have the power to relieve against time lines, modify penalties, including discharge and disciplinary penalties, and make whatever decision it considers just and equitable in the circumstances.

Arbitration. 24.5.1 If 9.01 The party desiring to submit to arbitration shall deliver to the Association decides other party a notice in writing of its intention to proceed arbitrate within fourteen (14) calendar days after the last step in the Complaint and Grievance Procedure. This notice shall state the matter at issue in concise terms and shall state precisely in what respect the Agreement has been violated or misinterpreted with reference to arbitrationthe specific clause or clauses. The notice shall also stipulate the nature of the relief or remedy sought. 9.02 Within seven (7) calendar days after the date of delivery of the said notice of intention, it shall, the party initiating arbitration shall notify the other party of the name of its representative on the Arbitration Board and the other party shall appoint its representative within twenty seven (207) calendar days of receipt after receipt of this notification. 9.03 In the event that either party shall fail to appoint a representative to the Arbitration Board within the delay provided, the other party may request the Minister of Labour to appoint a representative on behalf of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writingdefaulting party. 24.5.2 Within ten (10) days after receipt by 9.04 Should the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator two representatives fail within the specified period of time, the District and the Association shall each submit five (5) names calendar days to agree on a third person as Chairman, the representative of persons experienced in hearing grievances involving public schools either party may request the Minister of Labour to appoint a person who shall be Chairman of the Arbitration Board. 9.05 After the Arbitration Board has been formed by the foregoing procedure, it shall meet and hear the evidence and representations of both parties and shall render a decision within ten fifteen (1015) days. Each party shall alternately strike a name until calendar days after the completion thereof. 9.06 The decision of the majority of the Arbitration Board or if there is one name remainingno majority, the decision of the Chairman, on the matters at issue shall be binding on both parties. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement jurisdiction of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance Arbitration Board shall be limited to deciding the parties to matter at issue within the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability meaning of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration existing provisions of the merits of Agreement and in no event shall the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth Arbitration Board have the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, alter or modify the terms of amend this Agreement. The arbitrator agreement in any respect. 9.07 Each party to this Agreement shall be restricted from making a recommendation that is not based on a violation or inequitable application pay all expenses of the Agreement. The decision member of the arbitrator will be submitted to Arbitration Board selected by it or by the Association Minister of Labour and to shall share equally in the District fees and will be final and binding upon expenses of the partiesthird member of the Board.

Arbitration. 24.5.1 If 8.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application, or administration of this Agreement, including any question as to arbitrationwhether a matter is arbitral, it or where an allegation is made that this Agreement has been violated, either of the parties may after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference of allegation to Arbitration. This Notice shall contain the name of the first party's appointee to an Arbitration Board. 8.02 The recipient of the Notice shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names days, advise the other party of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a the name until there is one name remainingof its appointee to the Arbitration Board. The remaining name two appointees so selected shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least within five (5) days before of the first day appointment of hearing. The names the second of witnesses them, appoint a third person who shall be exchanged at least five (5) days before the first day Chairperson. If the recipient of hearing. Prior the Notice fails to arbitrationappoint an Arbitrator, or if the two appointees fail to agree upon a Chairperson, within the time limit stated herein, the Association and the District appointment shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined be made by the parties. These provisions may be modified or waived by mutual agreement Minister of Labour for Ontario upon the District and the Associationrequest of either party. 24.5.5 8.03 The arbitration hearing Arbitration Board shall be private. Attendance shall be limited to hear and determine the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator difference or allegation and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s issue a decision. This decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties and any employee affected by it. The decision of a majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson shall govern. 8.04 The decision of the Arbitration Board shall include a direction to the parties to do, or abstain from doing, anything necessary or appropriate to give effect to the true intent and meaning of the decision. 8.05 The Arbitration Board shall not have power to alter, modify or amend any part of this Agreement nor to make any decision inconsistent therewith, but may refer to any part of this Agreement, which may appear to the Board to be relevant, whether or not previous reference has been made thereto. 8.06 In any case arising out of any form of discipline, or the loss of any remuneration, benefit or privilege, the Arbitration Board shall have full power to direct that the penalty or loss complained of shall be confirmed, varied, amended, rescinded or repaid, either in whole or in part, but except as aforesaid, the Board shall have no power to award costs or damages to either party. 8.07 Each party shall pay its own expenses, including expenses for appointees and witnesses. The expenses of the chairperson of the Arbitration Board shall be borne equally by the parties. 8.08 Nothing contained above in this Article shall prevent the parties from mutually agreeing to a single Arbitrator. 8.09 It will be the responsibility of the Arbitrator or the Arbitration Board to determine the precise issue(s) in dispute and settlement sought, regardless of the construction of the original language in which the written grievance was first presented.

Arbitration. 24.5.1 If 10:01 No matter shall be submitted to arbitration which has not been properly carried through the Association decides to proceed grievance procedure. 10:02 Should a grievance(s) remain unresolved after exhausting the grievance procedure, either party may request that the grievance(s) be submitted to arbitration, it shallin accordance with this Article. The referring party shall make such request in writing to the other indicating their preference to a single arbitrator or an arbitration panel and shall include, within twenty (20as the case may be; i) days the name(s) of receipt after receipt their nominee(s) as arbitrator or; ii) their appointee to the arbitration panel and their nominee(s) to act as chairperson of the written decision panel. a) Where the arbitration board consists of a single arbitrator, the sole arbitrator will be selected by mutual agreement between the parties within fifteen (15) working days after the notice of intent is presented. b) Where the arbitration board consists of a panel, the responding party shall appoint their respective panel representative and provide their nominee(s) to act as Chairperson within fifteen (15) working days after the notice of intent is presented. The Chairperson of the District in response to a grievance that has been processed at Level Three, notify panel will be selected by mutual agreement between the Vice Chancellor of Human Resources in writing. 24.5.2 Within parties’ respective nominees within ten (10) days after receipt thereafter. c) In the event the parties are unable to agree on an arbitrator/chairperson, one will be appointed by the District Ministry of Labour. d) The arbitrator/board so selected or appointed shall be empowered to attempt to mediate settlement of the Association’s notification of intent matter in dispute, prior to proceed to arbitration, commencing the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to servearbitration hearing. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. 10:04 The remaining name arbitrator/board shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined governed by the parties. These provisions may be modified or waived by mutual agreement following provisions: a) The arbitrator/board shall hear and determine the subject of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any a decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties and upon any employee or employer affected by it. A decision of the majority shall be the decision of the Board and if there is no majority, the decision of the Chairperson shall govern. b) In the case of an arbitration panel, the parties shall each bear the costs of their respective panel representatives and jointly bear the costs and expenses of the Chairperson. Where a single arbitrator is used, the parties shall equally bear the cost and expenses of the arbitrator. c) The arbitrator/board shall not have the power to alter or amend any of the provisions of this agreement, nor to give a decision inconsistent with it. The arbitrator/board shall have the power to modify any penalty imposed by the employer and to take whatever action is just and equitable in the circumstances. d) The parties and the arbitrator/board shall have access to the Employer’s premises to view working conditions, machinery or operations which may be relevant to the resolution of a grievance. e) The arbitrator/board shall have jurisdiction to determine whether a grievance is arbitable. 10:05 Subject to the availability of rooms, and with the approval of the arbitrator, arbitration hearings shall be held on the Employer’s premises, at no cost. Where the hearing(s) are held off the Board’s premises, the parties shall equally bear the cost of the facilities used. 10:06 In the application of Article 9 (Grievance Procedure) and Article 10 (Arbitration), the time limits referred to therein shall exclude Saturdays, Sundays and Holidays and may be extended by mutual agreement between the parties. 10:07 Employees who are requested by either party to attend an arbitration to act as witness shall do so without loss of pay. The grievor may be in attendance at any and all meetings of the Board of Arbitration concerning his/her grievance without loss of regular pay unless the grievance is related to his/her discharge, in which case he/she shall not be entitled to any pay subsequent to his/her discharge if such discharge is upheld at arbitration. 10:08 Notwithstanding the above, either party may refer a grievance to arbitration pursuant to Section 49 of the Ontario Labour Relations Act.

Arbitration. 24.5.1 16.01 Failing a satisfactory settlement being reached in Article 15 either party may indicate its intent to refer the grievance to arbitration within twenty-five (25) working days. When either party requests that a grievance be submitted to arbitration the request shall be made by registered mail addressed to the other party of the Agreement indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two (2) appointees shall select an impartial Chairperson. 16.02 If the Association decides party receiving the notice fails to proceed to arbitrationappoint an Arbitrator, it shall, within twenty or if the two (202) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt appointees fail to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serveChairperson within seven (7) days of their appointment, the appointment shall be made by the Manitoba Labour Board upon request of either party. 24.5.3 If the District 16.03 The Arbitrator may determine their own procedure, but shall give full opportunity to all parties to present evidence and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association make representations. The Arbitrator shall each submit five (5) names of persons experienced in hearing grievances involving public schools render a decision within ten (10) days. Each party shall alternately strike a name until working days from the time of the final meeting. 16.04 The decision of the majority of the members of the Arbitration Board is the decision of the Arbitration Board and, if there is one name remaining. The remaining name no decision that is common to a majority of the members, the decision of the Chairperson of the Arbitration Board shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material deemed to be entered as evidence at least five (5) days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement decision of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the AgreementArbitration Board. The decision of the arbitrator will Arbitration Board shall be submitted final, binding and enforceable on all parties. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions or make any decision contrary to the Association provisions of this Agreement. 16.05 Each party shall pay: 1) the fees and expenses of the Arbitrator it appoints. 2) one-half (½) of the fees and expenses of the Chairperson. 16.06 In the case of dismissal of, or other discipline to any employee (except an employee in the District probationary period) for cause the justification for the dismissal or discipline and will the nature and extent of the penalty imposed shall be final subject to grievance as hereinbefore set out and binding upon the partiesArbitrator shall have the authority to provide the penalty which in their opinion appears to be just and equitable. 16.07 The time limits in both the Grievance and Arbitration Procedure may be extended by mutual agreement and shall be confirmed in writing. 16.08 Nothing herein shall prohibit the parties from mutually 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 a single Arbitrator.

Arbitration. 24.5.1 If 10.01 Where a difference arises between the Association decides parties relating to proceed the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The grievance may be referred to arbitration through the expedited process, it Section 49 of the Labour Relations Act. Alternatively, the grievance may be referred to a Board of Arbitration within three (3) weeks of the decision at Step 2. The recipient of the notice will within seven (7) calendar days inform the other party of the name of its appointee. 10.02 The two appointees so selected shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a grievance that has been processed at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools within ten (10) days. Each party shall alternately strike a name until there is one name remaining. The remaining name shall be the arbitrator. The party that strikes first shall be determined by lot. 24.5.4 Advocates for the parties in arbitration shall exchange all documentary material to be entered as evidence at least five (5) days before of the first day appointment of hearingthe second of them appoint a third person who shall be the Chairperson. If the recipient party fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour upon the request of either party. The names of witnesses arbitration board shall be exchanged at least five (5) days before hear and determine the first day of hearing. Prior to arbitrationdifference or allegations and shall issue a decision, the Association and the District decision shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submitted. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and to the District and will be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairperson shall govern. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an arbitrator appointed by it, and the parties will jointly share the expenses of the Chairperson of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The time limits in the Arbitration Procedure may be extended, by consent, in writing of the parties to this Agreement. 10.07 Notwithstanding the arbitration provisions described above, the Union and the Employer may agree to participate in joint mediation/arbitration in order to resolve disputes between the parties. The cost for these proceedings and the mediator/arbitrator shall be shared equally by the Union and the Employer.

Arbitration. 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days Failing satisfactory settlement of receipt after receipt of the written decision of the District in response to a grievance that has been processed pursuant to the procedure outlined above, then the controversy may at Level Three, notify the Vice Chancellor of Human Resources in writing. 24.5.2 Within ten (10) days after receipt by the District of the Association’s notification of intent to proceed to arbitration, the District and the Association shall attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the District and the Association cannot mutually agree upon the selection of an arbitrator within the specified period of time, the District and the Association shall each submit five (5) names of persons experienced in hearing grievances involving public schools any time within ten (10) days. Each working days thereafter be referred by either party shall alternately strike to a name until there is Board of Arbitration to be composed of one name remaining(1) nominee appointed by the Government and one (1) by Doctors Manitoba, such appointments to be made within ten (10) calendar days of such referral. The remaining name two (2) nominees so appointed shall, within fourteen (14) calendar days of the nomination of the last of them select a third (3rd) member who shall be the arbitratorChairman. The party that strikes first shall be determined by lot. 24.5.4 Advocates for If one of the parties in arbitration shall exchange all documentary material fails or neglects to be entered as evidence at least five (5) days before appoint a nominee within the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before time limits above set forth, then the first day of hearing. Prior other party may apply to arbitration, the Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement Chief Justice of the District and Province of Manitoba, or in his absence the Association. 24.5.5 The arbitration hearing shall be private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability Chief Justice of the grievanceCourt of Queen's Bench, to appoint such question will be ruled upon by the arbitrator and shall first be decided by the arbitrator before consideration of the merits of the grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, reasoning and conclusions of the issue submittednominee. The arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The A decision of the arbitrator will be submitted to majority of the Association and to the District and will Board of Arbitration shall be final and binding on both parties hereto. (a) Should the two (2) appointed arbitrators fail to agree upon a Chairman within the partiestime limit herein provided, then the two (2) arbitrators shall forthwith apply to the Chief Justice of the Province of Manitoba, or in his absence the Chief Justice of the Court of Queen's Bench, to select a Chairman. (b) Each party shall be responsible for the costs and expenses of its appointee, and the costs and expenses of the Chairman of the Arbitration Board shall be shared equally between the Government and Doctors Manitoba. (c) In the case of a grievance involving an alleged unjust lay-off, suspension or discharge, the Arbitration Board may reinstate the physician with full compensation for time lost on the basis of the regular hours of work or may make such other award as may be deemed just and equitable. (d) If the decision of the Arbitration Board is to reinstate any physician, the Arbitration Board shall deduct any wages earned through other employment since the lay-off, suspension or discharge in question, from the award, if any.