Common use of Arbitration Procedure Clause in Contracts

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

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

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within 7 Not later than ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) working days after the receipt Union serves the Company’s vice 8 president of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, operations or the decision authorized representative with written notice of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized intent to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of 9 appeal a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse Company or the Union committee shall file a demand for 10 arbitration with the American Arbitration Association (AAA) who will furnish, to the 11 Company and the Employer from mutually agreeing to settle Union, a dispute by means other than those described in the grievance and arbitration procedures or to extend any panel of five impartial arbitrators, all of whom shall be 12 members of the stipulated time limitsNational Academy of Arbitrators. 1312 Nurses whose attendance is required at arbitration hearings related to Within 15 working days after receipt 13 of the Agreement panel by both Parties, the Company and the Union shall make the selection by 14 alternately striking (the first strike shall be given permission determined by the flip of a coin) names from 15 the list, until only one name remains. The arbitrator whose name remains shall be the 16 arbitrator selected by the Parties. In the event the arbitrator selected by the Parties is 17 unable to serve as the impartial arbitrator the Parties may mutually agree to select a 18 substitute arbitrator from the panel. If the Parties cannot mutually agree on a substitute 19 arbitrator, the Parties shall notify the AAA and request a new panel of five names, from 20 which the Parties shall make the selection by alternately striking (the first strike shall be absent 21 determined by the flip of a coin) names from work and shall not suffer any loss of salary as a resultthe list, until only one name remains. 1313 22 The Arbitrator shall have jurisdiction over disputes which arise out of the 23 interpretation or application of this Agreement. The Arbitrator shall not have jurisdiction 1 to modify, add to, subtract from, or amend any provisions of this Agreement. The 2 Arbitrator shall not have jurisdiction to propose changes in hours of employment, rates 3 of pay, or working conditions. The Arbitrator shall not have jurisdiction over disputes 4 involving the discipline or discharge of probationary employees. The Arbitrator shall not 5 have jurisdiction over any grievance which was not processed through the steps of the 6 grievance procedure. The Arbitrator shall not have jurisdiction over any grievance which 7 was not timely filed at Step 2. 8 The Arbitrator shall afford the Parties a reasonable opportunity to present 9 evidence, witnesses and arguments. The number of witnesses summoned by the Union 10 at any one time shall not be requested greater than the number that can be spared from the 11 operation without interference with the services of the Company. The Parties may be 12 represented at arbitration. The Parties may mutually agree to provide both parties with consolidate multiple 13 arbitrable grievances to be considered by a hard (paper) copy as well as a disk/electronic version of an single arbitrator. All individuals testifying at 14 arbitration awardshall first be sworn by the arbitrator and placed under oath.

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

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

Arbitration Procedure. 1301 In ‌ If a grievance is not settled under the event Operator’s grievance policy, the Union may refer it to arbitration within thirty (30) business days of the failure of Operator’s decision. The Union’s request for arbitration must be made in writing by the parties thirtieth (30) day, after the Operator’s answer to settle a grievance by means of the last step in the grievance procedure stated in Article 12has been served on the Union, within ten (10) days or the grievance will be deemed to have been resolved on the basis of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below Operator’s last answer and will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitutearbitrable. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually understood and agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board Union not to exercise its right to request arbitration shall be final and binding upon the Employermembers of the bargaining unit, and further that the Union, through its designated representatives, has authority to settle any grievance at any step. By mutual consent, the Union and the nurse(s) concerned; howeverOperator may select a permanent Arbitrator or panel of Arbitrators who shall arbitrate grievances. In the event the parties have not selected and arbitrator or a panel, the parties shall request a panel of seven regional arbitrators from FMCS and shall alternately strike from said panel to determine the arbitrator. The first strike shall be determined by a coin toss. The Union shall submit the unresolved grievance in writing to the Arbitrator with a copy to Operator. The Arbitrator may consider and decide only the particular grievance presented to him in a written stipulation by the Operator and the Union, and his decision shall be based solely upon an interpretation of the provisions of this Agreement. The award of the Arbitrator so appointed shall be final and binding upon the parties. The Arbitrator shall have no authority to alter, amend, add to, subtract from or otherwise modify or change the Arbitration Board terms and conditions of this Agreement. Only one grievance shall be submitted to the Arbitrator at a time, unless the parties mutually agree otherwise. The cost of arbitration, which shall include the fees and expenses of the Arbitrator, the Court Reporter and the transcript shall be borne equally by the parties. Each party shall pay any fees of its own representatives and witnesses for time lost. Occurrences prior to the execution date or subsequent to the expiration date of this Agreement shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred subject to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

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

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

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

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

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

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

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

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

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

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

Arbitration Procedure. 1301 In the event Where a grievance has proceeded through all of the failure requisite steps of the parties to settle a grievance by means of the grievance procedure stated in Article 12Grievance Procedure and has not been satisfactorily resolved, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, either party may refer the matter may then be referred to arbitration as hereinafter set fortharbitration. 1302 If mutual agreement is not reached by both parties The party wishing to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter to arbitration shall make such request in dispute to a Board of Arbitration by giving notice writing addressed to the other party to this Collective Agreement. This request shall be presented within a further seven thirty (730) working days and by appointing in that notice one (1) nominee after receipt of the intended reply at Step No. of the Grievance Procedure or pursuant to section of the Grievance Procedure. The request shall contain the name of that party's nominee to the Board of Arbitration. The other party to recipient of the dispute shall, notice shall within seven (7) working days after inform the receipt other party in writing of such noticethe name of its nominee to the Board of Arbitration. The two (2) nominees shall within fifteen (15) working days of the appointment of the second of them, also appoint a nominee and third party who shall be the Chairman of the Board of Arbitration. If the recipient of the notice fails to appoint a nominee, or if the two (2) nominees thus fail to agree upon the Chairman within the time limits prescribed herein, the appointment shall be made in accordance with the relevant provisions of the Canada Labour Code. Where it is agreed to by both parties, a sole Arbitrator will be appointed. No person may be appointed shallas a nominee or a Chairman to a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. The Board of Arbitration shall not have any authority to alter or change any of the provisions of this Collective Agreement or to substitute any new provisions in lieu thereof, within or to give any decision contrary to the terms and conditions of this Collective Agreement or in any way to modify, add to or detract from any provision of this Collective Agreement, or to provide a remedy applicable to more than ten (10) working days thereafterprior to the date of filing. The Board of Arbitration shall hear and determine the grievance, select including any question as to whether the grievance is arbitrable, and shall issue a third member who shall be Chairpersondecision. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place All decisions arrived at by the party who made the original appointment, then the other party to the dispute may request the Minister Board of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerBank, the Union and the nurse(s) employee or employees concerned; however. The decision of a majority is the decision of the Board, but if there is no majority the decision of the Chairman governs. In determining any discharge or suspension grievance, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In have the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.authority to:

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

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

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

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

Arbitration Procedure. 1301 In the event Where a grievancehas proceeded through all of the failure requisite steps of the parties to settle a grievance by means of the grievance procedure stated in Article 12Grievance Procedure and has not been satisfactorily resolved, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, either party may refer the matter may then be referred to arbitration as hereinafter set fortharbitration. 1302 If mutual agreement is not reached by both parties The party wishing to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter to arbitration shall make such request in dispute to a Board of Arbitration by giving notice writing addressed to the other party to this Collective Agreement. This request shall be presented within a further seven thirty (730) working days and by appointing in that notice one (1) nominee after receipt of the intended reply at Step No. of the Grievance Procedure or pursuant to section of the Grievance Procedure. The request shall contain the name of that party's nominee to the Board of Arbitration. The other party to recipient of the dispute shall, notice shall within seven (7) working days after inform the receipt other party in writing of such noticethe name of its nominee to the Board of Arbitration. The two (2) nominees shall within fifteen (15) working days of the appointment of the second of them, also appoint a nominee and third party who shall be the Chairman of the Board of Arbitration. If the recipient of the notice fails to appoint a nominee, or if the two (2) nominees thus fail to agree upon the Chairman within the time limits prescribed herein, the appointment shall be made in accordance with the relevant provisions of the Canada Labour Code. Where it is agreed to by both parties, a sole Arbitrator will be appointed. No person may be appointed shallas a nominee or a Chairman to a Board of Arbitration who has been involved in an attempt to negotiate or settle the grievance. The Board of Arbitration shall not have any authority to alter or change any of the provisions of this Collective Agreement or to substitute any new provisions in lieu thereof, within or to give any decision contrary to the terms and conditions of this Collective Agreement or in any way to modify, add to or detract from any provision of this Collective Agreement, or to provide a remedy applicable to more than ten (10) working days thereafterprior to the date of filing. The Board of Arbitration shall hear and determine the grievance, select including any question as to whether the grievance is arbitrable, and shall issue a third member who shall be Chairpersondecision. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place All decisions arrived at by the party who made the original appointment, then the other party to the dispute may request the Minister Board of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the EmployerBank, the Union and the nurse(s) employee or employees concerned; however. The decision of a majority is the decision of the Board, but if there is no majority the decision of the Chairman governs. In determining any discharge or suspension grievance, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In have the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.authority to:

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

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

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

Arbitration Procedure. 1301 In The party advancing the event grievance shall notify the other party and the Arbitrator in writing of the failure of issue to be arbitrated. The Arbitrator shall then invite the parties to settle meet and present evidence, and shall render a grievance by means of the grievance procedure stated in Article 12, decision within ten fifteen (1015) days of concluding his hearing, said decision to be final and binding upon the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose this Agreement, subject to the provisions of Section (8). If, upon application by either party, it appears to the Arbitrator that the circumstances surrounding the grievance are of such urgency or seriousness as to justify disposition in a single summary manner, then: The Arbitrator within ten (10) days from the time may order that the matter is referred proceed to arbitration as defined in 1301 above, then Arbitration without compliance with the procedure stated below will be followedgrievance provisions of Section (A). 1303 Either party The Arbitrator may submit proceed to hear the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days such manner and by appointing in that notice one (1) nominee of the intended Board of Arbitrationsuch time as he deems advisable. The other party to Arbitrator may issue a summary decision, direction or order which shall be binding on the dispute parties. The Arbitrator shall, within seven (7) days after of his summary decision, render his decision in writing, and at that time he may, on his own initiative, vary the summary decision made by him. The procedure outlined herein shall be subject to the provision of Section (8). Either party may, within five (5) days of receipt of such noticethe Arbitrator’s Page decision, also appoint a nominee notify the Arbitrator and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party of its desire to have the Arbitrator reconsider his decision, such notice to be in writing and to be supported by reasons. The Arbitrator may proceed to reconsider the matter, and in the event that he does he shall render a decision within seven (7) days of receiving notice, provided that if he has to conduct a hearing into the matter he shall render a decision within fifteen (15) days of concluding the hearing. INTERPRETATION RULING Either party may, within fifteen (15) days notice to the dispute may other, request the Minister Arbitrator to make an interpretation ruling on any question involving an interpretation of Labour any terms of this Collective Agreement. It is agreed that such an interpretation ruling will only be initiated as a result of one of the parties disagreeing with the actions or stated intended actions of the other party. In such instances, the Arbitrator shall invite the parties to make submissions in support of their respective interpretations at a hearing to be held for Manitoba to select the purpose, and shall render a substitute. 1305 Should the two ruling within thirty (2) appointed nominees fail within ten (1030) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision conclusion of the Chairperson in the absence of the majority decision of the Arbitration Board hearing. Such a ruling shall be final and binding upon the Employer, the Union parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized subject to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardreconsideration.

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

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

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

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

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10a) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either Each party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who after the giving of the Response Notice appoint an arbitrator and such party shall be Chairperson. 1304 Should notify the other party of the name and address of the arbitrator so appointed; (b) if either party shall fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable make such appointment and to serve and another Arbitrator not be appointed in her/his place by notice thereof within the party who made the original appointmenttime prescribed, then the other appointment of an arbitrator on behalf of such party to shall be made in the dispute may request same manner as provided in clause (c) below for the Minister appointment of Labour for Manitoba to select a substitute. 1305 Should third arbitrator in the case where the two arbitrators shall fail to agree upon such third arbitrator; (2c) the arbitrators so appointed nominees fail shall meet within ten (10) days to agree upon after the second arbitrator is appointed and shall appoint a Chairpersonthird arbitrator, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatementtheir failure to agree upon such third arbitrator within ten (10) days after the time prescribed, either party on behalf of both may request such appointment by the AAA, or, either party may apply to the Presiding Justice of the highest court in Los Angeles County for the appointment; and (d) within ten (10) after the appointment of the third arbitrator, the arbitrators shall also be authorized by majority vote select the resolution proposed by the requesting party in the Arbitration Notice or the resolution proposed by the other party in the Response Notice. If any arbitrator shall die, become disqualified or incapacitated, or shall fail or refuse to make an award in terms of compensation for regular salary lost or a reasonable alternate awardact, however, any monetary award before such matter shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during determined, then, in place of such arbitrator, an arbitrator shall promptly be appointed in the period same manner as the arbitrator who shall have died or become disqualified or incapacitated, or who shall have failed or refused to act. The fees and expenses of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, arbitrators shall be borne by the respective parties incurring such costs, but party whose position shall not be sustained in the costs arbitration proceeding. Each arbitrator shall be a fit and impartial person having not less than ten (10) years' experience (during the immediately preceding ten (10) year period) in Los Angeles in the area which is the subject of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awarddispute.

Arbitration Procedure. 1301 In The party advancing the event grievance shall notify the other party and the Arbitrator in writing of the failure of issue to be arbitrated. The Arbitrator shall then invite the parties to settle meet and present evidence, and shall render a grievance by means of the grievance procedure stated in Article 12, decision within ten fifteen (1015) days of concluding his hearing, said decision to be final and binding upon the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose this Agreement, subject to the provisions of Section (8). If, upon application by either party, it appears to the Arbitrator that the circumstances surrounding the grievance are of such urgency or seriousness as to justify disposition in a single summary manner, then: The Arbitrator within ten (10) days from the time may order that the matter is referred proceed to arbitration as defined in 1301 above, then Arbitration without compliance with the procedure stated below will be followedgrievance provisions of Section (A). 1303 Either party The Arbitrator may submit proceed to hear the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days such manner and by appointing in that notice one (1) nominee of the intended Board of Arbitrationsuch time as he deems advisable. The other party to Arbitrator may issue a summary decision, direction or order which shall be binding on the dispute parties. The Arbitrator shall, within seven (7) days after of his summary decision, render his decision in writing, and at that time he may, on his own initiative, vary the summary decision made by him. The procedure outlined herein shall be subject to the provision of Section Either party may, within five (5) days of receipt of such noticethe Arbitrator’s decision, also appoint a nominee notify the Arbitrator and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party of its desire to have the Arbitrator reconsider his decision, such notice to be in writing and to be supported by reasons. The Arbitrator may proceed to reconsider the matter, and in the event that he does he shall render a decision within seven (7) days of receiving notice, provided that if he has to conduct a hearing into the matter he shall render a decision within fifteen (15) days of concluding the hearing. INTERPRETATION RULING Either may, within fifteen (15) days notice to the dispute may other, request the Minister Arbitrator to make an interpretation ruling on any question involving an interpretation of Labour any terms of this Collective Agreement. It is agreed that such an interpretation ruling will only be initiated as a result of one of the parties disagreeing with the actions or stated intended actions of the other party, In such instances, the Arbitrator shall invite the parties to make submissions in support of their respective interpretations at a hearing to be held for Manitoba to select the purpose, and shall render a substitute. 1305 Should the two ruling within thirty (2) appointed nominees fail within ten (1030) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision conclusion of the Chairperson in the absence of the majority decision of the Arbitration Board hearing. Such a ruling shall be final and binding upon the Employer, the Union parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized subject to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardreconsideration.

Arbitration Procedure. 1301 In this Appendix, “Party” means a Party to this Agreement which is also concerned in the event arbitration, and “other Party” includes any such Party or Parties. The parties presenting the case shall seek to agree in writing within sixty days after the expiry of the failure ten-day period provided by paragraph 9(3) of the parties Schedule on three arbitrators, or, if they agree to settle a grievance have only one arbitrator, on that one arbitrator. Any Party may object to the choice of any arbitrator or arbitrators under paragraph 2, by means written notice received by the other Party within thirty days after the expiry of the grievance procedure stated in Article 12period provided by paragraph 2 above. Upon objection to any arbitrator by a Party, within ten (10) days the other Party may, when three arbitrators have been chosen under paragraph 2, object to either or both of the date upon which other arbitrators by written notice received by the written reply referred other Party within fifteen days after the expiry of the period provided by the immediately preceding sentence. If a Party objects to the choice of any arbitrator in Article 12 is received from the Human Resources Director accordance with paragraph 3 or equivalentif an arbitrator becomes unable to act, the matter may then be referred parties presenting the case shall seek to arbitration as hereinafter set forthagree on a replacement in writing within sixty days after receipt of the notice of objection or after the date when the arbitrator becomes unable to act. 1302 If mutual agreement is reached, a Party may object to the choice of a replacement by written notice received by the other Party within thirty days. If the parties presenting the case have not reached by both parties agreement, or if a Party objects to choose the choice of a single Arbitrator within ten (10) days from replacement in accordance with this paragraph, the time that Secretary-General of the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board Permanent Court of Arbitration shall appoint a replacement without delay. If the parties presenting the case fail to agree on three arbitrators (or an arbitrator) within the period provided by giving notice to paragraph 2, three arbitrators shall, on request of a Party, be appointed without delay by the other party within a further seven (7) days and by appointing in that notice one (1) nominee Secretary-General of the intended Board Permanent Court of Arbitration. The other party Any arbitrator appointed by the Secretary-General of the Permanent Court of Arbitration shall not be a citizen of a Party, shall have international standing and expertise, and shall have personal characteristics which place him in a neutral position with respect to the dispute subject of the dispute. The Secretary-General shall not be confined to any particular list of arbitrators in making this selection. Appointments by the Secretary-General shall not be open to challenge. Insofar as any matter is not dealt with by Appendix 2 and other relevant provisions of this Agreement, the arbitrator or arbitrators shall, within seven consistent with Appendix 2, be guided by the general principles of law as recognized by the Parties, which, where the case is presented by a Party or Parties means the general principles of public international law (7lex lata) days after as recognized by the receipt of such notice, also appoint a nominee Parties. The arbitrator or arbitrators shall decide where he or they shall sit and the two (2) nominees thus appointed shall, within ten (10) days thereafterin consultation with the parties presenting the case, select adopt rules of procedure consistent with this Appendix. The case will be presented by a third member who Party or by its applicants involved in the conflict, at the option of the Party and each side of the case shall be Chairpersonrepresented as it sees fit. 1304 Should either party fail to appoint an Arbitrator A Party may intervene as herein providedof right. An arbitrator may not abstain from voting on the award. If there are three arbitrators, or if any Arbitrator thus appointed should fail or their award shall be unable to serve and another Arbitrator not be appointed in her/his place made by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitutemajority vote. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision The award of the Arbitrator, arbitrator or arbitrators shall be rendered within one year from the decision date of the Chairperson in the absence final appointment of the majority decision arbitrator or arbitrators unless all Parties or parties presenting the case otherwise agree or unless the arbitrator or arbitrators for good cause extend the deadline for the making of the Arbitration Board award for one or more 30 day periods, in any case not to exceed 120 days. The award shall be final and binding upon on the Employer, applicants involved in the Union conflict and on the nurse(s) concerned; however, Parties and shall be enforced by the Arbitrator or Parties. The applicants involved in the Arbitration Board conflict shall not be authorized without delay file amendments to make any decisions inconsistent their applications consistent with the provisions arbitral award. Within two months of the date of the award, a Party or any applicant represented in this Collective Agreementthe arbitration may request an interpretation of the award. 1307 Such interpretation shall be provided within four months of the request. The Board expense of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, including the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period remuneration of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedingsarbitrators, shall be borne by the respective parties incurring such costs, but presenting the costs case. Unless the arbitrator or arbitrators determine otherwise because of the Arbitrator or particular circumstances of the Chairperson of the Arbitration Board shall be borne by case, the parties hereto presenting the case shall bear the expenses in equal shares. 1310 For If an applicant of a Party is involved in conflicts with two or more applicants of two or more States Parties to this Agreement, every effort shall be made to consolidate the arbitration proceedings. APPENDIX 2 PRINCIPLES FOR RESOLUTION OF CONFLICTS In determining the issue as to which applicant involved in a conflict shall be awarded all or part of each area in conflict, the arbitral tribunal shall find a solution which is fair and equitable, having regard, with respect to each applicant involved in the conflict, to the following factors: the continuity and extent of activities relevant to each area in conflict and the application area of which it is a part; the date on which each applicant involved in the conflict or predecessor in interest or component organization thereof commenced activities at sea in the application area; the financial cost of activities relevant to each area in conflict and to the application area of which it is a part, measured in constant terms; the time when activities were carried out, and the quality of activities; and such additional factors as the arbitral tribunal determines to be relevant, but excluding a consideration of the future plans of work of the applicants involved in the conflict. When considering the factors specified in paragraph 1, the arbitral tribunal shall hear, and shall, except for purposes of determining lengths of time apportionment pursuant to paragraph 3, limit its consideration to all evidence based on the activities specified in paragraph 1, which were conducted on or before January 1, 1982, provided, however, that an applicant must prove at-sea prospecting in the foregoing procedureconflict area prior to June 28, Saturdays1980 as a pre-condition to presentation of further evidence to the arbitral tribunal regarding activities in the conflict area. In making its determination, Sundays and Recognized Holidays are excluded. 1311 Nothing the arbitral tribunal may award the entire area in this Collective Agreement shall preclude a nurse conflict to one applicant involved in the conflict, or the Union committee and arbitral tribunal may apportion the Employer from mutually agreeing to settle a dispute by means other than those described area among any or all of the applicants involved in the grievance and arbitration procedures or conflict. If, after applying the provisions of paragraph I of this Appendix, the arbitral tribunal determines the area in conflict should be apportioned, then the arbitral tribunal shall, to extend any the maximum extent practicable consistent with its application of those provisions, apportion the area in a manner designed to satisfy the plan of work set forth in the application of each applicant which is awarded part of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardarea.

Arbitration Procedure. 1301 1101 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 1210, within ten fourteen (1014) calendar days of the date upon which the written reply referred to in Article 12 10 is received from the Human Resources Director or equivalentExecutive Director, the matter may then be referred to arbitration as hereinafter set forth. 1302 1102 If mutual agreement is not reached by both parties to choose a single Arbitrator arbitrator within ten fourteen (1014) calendar days from the time that the matter is referred to arbitration as defined in 1301 1101 above, then the procedure stated below will be followed. 1303 1103 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) calendar days and by appointing in that notice one (1) nominee member of the intended Board of Arbitration. The other party to the dispute shall, shall within seven (7) calendar days after the receipt of such notice, also appoint a nominee member and the two (2) nominees members thus appointed shall, within ten fourteen (1014) calendar days thereafter, select a third member who shall be Chairperson. 1304 1104 Should either party fail to appoint an Arbitrator arbitrator as herein provided, provided or if any Arbitrator arbitrator thus appointed should fail or be unable to serve and another Arbitrator arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Manitoba Labour for Manitoba Board to select a substitute. 1305 1105 Should the two (2) appointed nominees arbitrators fail within ten fourteen (1014) calendar days to agree upon a Chairperson, the two (2) nominees arbitrators shall forward a request to the Minister of Manitoba Labour for Manitoba Board to select a Chairperson. 1306 1106 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitratorarbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board Board, shall be final and binding upon the Employer, the Union and the nurse(semployee(s) concerned; however. However, the Arbitrator arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 1107 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 1108 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 1109 Nothing in this Collective Agreement shall preclude a nurse an employee or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardprocedures.

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

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

Arbitration Procedure. 1301 In Employees shall have the event right, upon request, to the presence of a Union Xxxxxxx at any stage of the failure grievance procedure, including the complaint stage, or any time ,when formal discipline imposed. For the purposes of this Agreement, a grievance defined as a difference arising between a member of the bargaining unit and the Hospital relating to the interpretation, application, administration or alleged the Agreement. It the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and understood that an employee has no grievance until she has first given her immediate supervisor the opportunity to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then adjust her complaint. Such complaint shall be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, discussed with her supervisor within seven (7) calendar days after from the receipt event giving rise to the grievance, or from when the employee should have reasonably become aware of such noticethe event giving rise the grievance and, also appoint failing settlement within seven (7) calendar days, shall then be taken up as a nominee grievance within the seven (7) calendar days following her decision the following manner and sequence: The employee must submit the grievance in writing signed by him to her immediate supervisor and may be accompanied, if she so desires, by her union xxxxxxx. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The supervisor will deliver her decision in writing within seven (7) calendar days following the day on which the grievance was presented to him. Failing settlement, then: Within seven (7) calendar days following the decision under Step No. the employee who, if she so desires, be accompanied by her union xxxxxxx, may submit the written grievance to her Department Head who will deliver her decision in writing within seven (7) calendar days from the date on which the written grievance was presented. This step may be omitted where the employee's immediate supervisor and Department Head are the same person. Failing settlement, then: Within seven (7) calendar days following the decision the immediately preceding step, the grievance may be submitted to the Chief Executive Officer of the Hospital or her designate. A meeting will then be held between the Chief Executive Officer or her designate and the two Grievance Committee within seven (27) nominees thus appointed shall, within ten (10) calendar days thereafter, select a third member who shall be Chairpersonof the submission of the grievance at Step No. 1304 Should unless extended by agreement of the parties. It is further understood that either party fail to appoint an Arbitrator may have such assistance as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute they may request the Minister of Labour for Manitoba to select a substitutedesire at such meeting. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the The decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board Hospital shall be final and binding upon delivered in writing fourteen (14) calendar days following the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board date of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardmeeting.

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

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

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

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

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

Arbitration Procedure. 1301 In The Party advancing the event grievance shall notify the other Party and the Arbitrator in writing of the failure of issue to be arbitrated. The Arbitrator shall then invite the parties Parties to settle meet and present evidence, and shall render a grievance by means of the grievance procedure stated in Article 12, Decision within ten (1015) days of concluding his hearing, said Decision to be final and binding upon the date Parties to this Agreement, subject to the provisions of Clause If, upon which application by either Party, it appears to the written reply referred Arbitrator that the circumstances surrounding the grievance are of such urgency or seriousness as to justify disposition in Article 12 is received from the Human Resources Director or equivalenta summary manner, the matter then: The Arbitrator may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time order that the matter is referred proceed to arbitration as defined Arbitration without compliance with the grievance provisions in 1301 above, then the procedure stated below will be followed. 1303 Either party Clause or The Arbitrator may submit proceed to hear the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days such manner and by appointing in that notice one (1) nominee of the intended Board of Arbitrationsuch time as he deems advisable. The other party to Arbitrator may issue a summary Decision, direction or order which shall be binding on the dispute Parties. The Arbitrator shall, within seven (7) days after of his summary Decision, render his Decision in writing, and at that time he may, on his own initiative, vary the receipt summary decision made by him. The procedure outlined herein shall be subject to the provision of such notice, also appoint a nominee and the two (2) nominees thus appointed shallClause Canadian Merchant Service Guild and- Sea-Link Marine Services Collective Agreement October September Page of Either Party may, within ten five (105) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision receipt of the Arbitrator's Decision, or notify the decision Arbitrator and the other Party of its desire to have the Arbitrator reconsider his Decision, such notice to be in writing and to be supported by reasons. The Arbitrator may proceed to reconsider the matter, and in the event that he does, he shall render a Decision within seven (7) days of receiving notice, provided that if he has to conduct a hearing into the matter, he shall render a Decision within fifteen (1 5) days of concluding the hearing. Interpretation Ruling Either Party may, within fifteen (15) days notice to the other, request the Arbitrator to make an interpretation ruling on any question involving an interpretation of any terms of this Collective Agreement. It is agreed that such an interpretation ruling will only be initiated as a result of one (1) of the Chairperson in Parties disagreeing with the absence actions or stated intended actions of the majority decision other Party. In such instances, the Arbitrator shall invite the Parties to make submissions in support of their respective interpretations at a hearing to be held for the purpose, and shall render a ruling within thirty (30) days of the Arbitration Board conclusion of the hearing. Such a ruling shall be final and binding upon the EmployerParties, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized subject to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardreconsideration.

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

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

Arbitration Procedure. 1301 In The party advancing the event grievance shall notify the other party and the Arbitrator in writing of the failure of issue to be arbitrated. The Arbitrator shall then invite the parties to settle meet and present evidence, and shall render a grievance by means of the grievance procedure stated in Article 12, decision within ten fifteen (1015) days of concluding his hearing, said decision to be final and upon the date Parties to this Agreement, subject to the provisions of- Section If, upon which application by either party, it appears to the written reply referred Arbitrator that the circumstances surrounding the grievance are of such urgency or seriousness as to justify in Article 12 is received from the Human Resources Director or equivalenta manner, the matter then: The Arbitrator may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time order that the matter is referred proceed to arbitration as defined in 1301 above, then without compliance with the procedure stated below will be followedgrievance provisions of Section (a). 1303 Either party The Arbitrator may submit proceed to hear the matter in dispute to such manner and in such time as he deems advisable. Arbitrator may issue a Board of Arbitration by giving notice to summary decision, direction or order which shall binding on the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitrationparties. The other party to the dispute Arbitrator shall, within seven (7) days after of his summary decision, render his in writing, and at that time he may, on his own initiative, vary the summary decision made by him. The procedure outlined herein shall be subject to the provision of Section Either party may, within five days of receipt of such noticethe Arbitrator's decision, also appoint a nominee notify the Arbitrator and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party of its desire to have the Arbitrator reconsider his decision, such notice to be in writing and to be supported by reasons. The Arbitrator may proceed to reconsider the matter, and in the event that he does he shall render a decision within seven (7) days of receiving notice, provided that if he has to conduct a hearing into the matter he shall render a decision within fifteen days of 'concluding the hearing. Interpretation Ruling Either party may, within fif- teen (15) days notice to the dispute may other, request the Minister Arbitrator to make an interpretation ruling on any question involving an interpretation of Labour any terms of this Collective Agreement. It is agreed that such an interpretation ruling will only be initiated as a result of one of the parties disagreeing with the actions or stated intended actions of the other party. In such instances, the Arbitrator shall invite the parties to make submissions in support of their respective interpretations at a hearing to be held for Manitoba to select the purpose, and shall render a substitute. 1305 Should the two ruling within thirty (2) appointed nominees fail within ten (1030) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision conclusion of the Chairperson in the absence of the majority decision of the Arbitration Board hearing. Such a ruling shall be final and binding upon the Employer, the Union parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized subject to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration awardreconsideration.

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

Arbitration Procedure. 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within 1101 Within ten (10) calendar days after receiving the reply of the date upon which Chief Operating Officer or designate and failing a satisfactory settlement, either party may refer the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred dispute to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitrationwriting. The other party 1102 Unless both parties agree to the dispute shall, selection of a sole arbitrator within seven (7) calendar days after following the receipt of such noticematter being referred to arbitration, also appoint a each party shall in the next seven (7) calendar days give notice to the other party in writing naming its nominee and to the Arbitration Board. 1103 The two (2) nominees thus appointed named members of the Board shall, within ten (10) calendar days thereafter, select name a third member of the Board who shall be Chairperson. 1304 Should either party fail 1104 In the event of a failure to appoint an Arbitrator as herein providedagree upon a third person, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for the Province of Manitoba shall be requested to select appoint a substitutethird member. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, 1105 The Arbitration Board or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board sole arbitrator shall not be authorized empowered to make any decisions decision inconsistent with the provisions in of this Collective Agreementagreement, or to modify or amend any portion of this agreement. 1307 1106 The Board of Arbitration shall determine its own procedure procedures, but shall give provide full opportunity to all parties to present evidence and make representations. 1308 In The Board shall hear and determine the event difference(s) or allegation(s) and render a decision within ten (10) calendar days from the time it holds its final meeting. 1107 The decision of a grievance alleging unjust layoff, suspension the majority or discharge being referred to arbitrationthe sole arbitrator shall be the decision of the Board. Where there is no majority decision, the Arbitrator or decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration or the sole arbitrator shall be authorized to rule whether or final and binding and enforceable on all parties, and may not be changed. 1108 Clarification on Decision Within five (5) calendar days following receipt of the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed should the difference between salary lost and any wages that may have been earned from employment with another employer during parties disagree as to the period meaning of the layoff, suspension or discharge. 1309 Any costs incurred by either decision of the parties hereto, preceding Board or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of sole arbitrator either party may apply to the Chairperson of the Board of Arbitration or sole arbitrator, to reconvene. Within five (5) calendar days the Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse Arbitration or the Union committee and sole arbitrator shall reconvene to clarify the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any decision. 1109 Expenses of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement Board Each party shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.pay:

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

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

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

Arbitration Procedure. 1301 In The party advancing the event grievance shall notify the other party and the Arbitrator in writing of the failure of issue to be arbitrated. The Arbitrator shall then invite the parties to settle meet and present evidence, and shall render a grievance by means of the grievance procedure stated in Article 12, decision within ten (10fifteen 5) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalentconcluding his hearing, the matter said decision The Arbitrator may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time order that the matter is referred proceed to arbitration as defined in 1301 above, then Arbitration without compliance with the procedure stated below will be followedgrievance provisions of Section (A). 1303 Either party The Arbitrator may submit proceed to hear the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days such manner and by appointing in that notice one (1) nominee of the intended Board of Arbitrationsuch time as he deems advisable. The other party to Arbitrator may issue a summary decision, direction or order which shall be binding on the dispute parties. The Arbitrator shall, within seven (7) days after of his summary decision, render his decision in writing, and at that time he may, on his own initiative, vary the summary decision made by him. The procedure outlined herein shall be subject to the provision of Section (8). Either party may, within five (5) days of receipt of such noticethe Arbitrator's decision, also appoint a nominee notify the Arbitrator and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party of its desire to have the Arbitrator reconsider his decision, such notice to be in writing and to be supported by reasons. The Arbitrator may proceed to reconsider the matter, and in the event that he does he shall render a decision within seven (7) days of receiving notice, provided that if he has to conduct a hearing into the matter he shall render a decision within fifteen (15) days of concluding the hearing. INTERPRETATION RULING Either party may, within fifteen (15) days notice to the dispute may other, request the Minister Arbitrator to make an interpretation ruling on any question involving an interpretation of Labour any terms of this Collective Agreement. It is agreed that such an interpretation ruling will only be initiated as a result of one of the parties disagreeing with the actions or stated intended actions of the other party. In such instances, the Arbitrator shall invite the parties to make submissions in support of their respective interpretations at a hearing to be held for Manitoba to select the purpose, and shall render a substitute. 1305 Should the two ruling within thirty (2) appointed nominees fail within ten (1030) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision conclusion of the Chairperson in the absence of the majority decision of the Arbitration Board hearing. Such a ruling shall be final and binding upon the Employer, the Union parties and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized subject to make any decisions inconsistent with reconsideration. SENIORITY to be final and binding upon the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.this

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