Common use of Arbitration Clause in Contracts

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either party.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 10.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties party may, after exhausting the grievance procedure(s) any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the arbitration. The notice shall contain the name of the first party's appointee ’s nominee to an Arbitration Boardarbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient of the notice shall party shall, within ten (10) working days inform days, advise the other party of the name of its appointee nominee to the Arbitration Board. arbitration board. 10.02 The two appointees (2) nominees so selectedselected shall, shall within ten fifteen (1015) working days of the appointment of the second of themthem or a time mutually agreed upon, appoint a third person who shall be the ChairpersonChairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees (2) nominees fail to agree upon a Chairperson Chairman within the time limitlimits, the appointment shall be made by the Minister of Labour for Ontario the Province of Ontario, upon the request of either party. The Arbitration Board arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is shall be final and binding upon the parties and upon any nurse employee affected by it. The decision of a majority is shall be the decision of the Arbitration Boardarbitration board, but if there is no majority majority, the decision of the Chairperson governsChairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. (c) The Arbitration Board shall not have any authority 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to alter negotiate or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to settle the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement will pay Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the fees Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and disbursements the named sole arbitrator shall have the same power as a Board of its appointee Arbitration, and be subject to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed same limitations as a nominee to the Board by either partyof Arbitration hereunder.

Arbitration. (a) If the grievance is not settledany Claim arises, the Union will notify party making such Claim shall provide a written notice (a “Claim Notice”) to the Employer other party hereto, specifying the nature of the Claim and thereafter, the parties shall negotiate in good faith to resolve such Claim expeditiously. If the parties do not resolve the Claim within thirtyforty-six five (3645) calendar days of a Claim Notice, the reply parties shall endeavor in Step 2 of their decision good faith to proceed to Arbitrationresolve such Claim expeditiously using informal dispute resolution techniques, such as mediation, expert evaluation, or determination or similar techniques reasonably agreed by the parties. If notice is the parties do not received resolve the Claim within thirty-six ninety (3690) calendar daysdays of a Claim Notice, then the grievance Claim shall be deemed abandonedsubmitted to mandatory, final and binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration, subject to the provisions of this Section 7.8, pursuant to the Federal Arbitration Act, 9 U.S.C., Section 1 et seq. The place of arbitration shall be New York, New York. (b) Where a difference arises between There shall be three (3) arbitrators, with one arbitrator to be appointed by each party and the third to be appointed by the two (2) arbitrators so appointed. The arbitrators shall be agreed upon by the parties relating to within twenty (20) days of receipt by the interpretation, application or administration respondent of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either copy of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairpersondemand for arbitration. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to parties do not agree upon a Chairperson arbitrators within the this time limit, the appointment such arbitrators shall be made appointed by JAMS in accordance with the Minister listing, striking and ranking procedure in the Rules, with each party being given a limited number of Labour strikes, except for Ontario upon cause. Any arbitrator appointed by JAMS shall be a retired judge or a practicing attorney with no less than twenty years of experience with corporate and limited liability company matters and an experienced arbitrator. In rendering an award, such arbitrators shall be required to follow the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision laws of the Arbitration Board, but if there is no majority the decision state of the Chairperson governsNew York. (c) The Arbitration Board arbitration shall be the sole and exclusive forum for resolution of the Claim, and the award shall be in writing, state the reasons for the award, and be final and binding. Judgment thereon may be entered in any court of competent jurisdiction. The arbitrators shall not be permitted to award punitive, multiple or other non-compensatory damages. Any costs or fees (including attorneys’ fees and expenses) incident to enforcing the award shall be charged against the party resisting such enforcement. The arbitrators shall be permitted to, but shall not be required to, award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. (d) The parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including but not limited to any pleadings, briefs or other documents submitted or exchanged, any documents disclosed by one party to another, testimony or other oral submission and any awards or decisions) shall not be disclosed beyond the arbitrators, JAMS, the parties, their legal and professional advisors, and any person necessary for the conduct of the arbitration, except as may be required in judicial proceedings relating to the arbitration, or by law, regulatory or governmental authority. (e) Barring extraordinary circumstances (as determined in the sole discretion of the arbitrator), discovery shall be limited to pre-hearing disclosure of documents that each side will present in support of its case, and, in response to reasonable documents requests, non-privileged documents in the responding party’s possession or custody, not otherwise readily available to the party seeking the documents, and reasonably believed to exist, that may be relevant and material to the outcome of disputed issues. There shall be no depositions. (f) By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment, or other order in aid of arbitration proceedings and the enforcement of any award. Without prejudice to such provisional remedies as may be available under the jurisdiction of a court, the arbitrator shall have any full authority to alter grant provisional remedies and to direct the parties to request that any court modify or change vacate any provisions temporary or preliminary relief issued by such court, and to award damages for the failure of this Agreement or any party to substitute respect the arbitrator’s orders to that effect. In any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each such judicial action: (i) each of the parties irrevocably and unconditionally consents to this Agreement will pay the fees exclusive jurisdiction and disbursements venue of the federal or state courts located in New York (the “New York Courts”) for the purpose of any pre-arbitral injunction, pre-arbitral attachment, or other order in aid of arbitration proceedings, and to the non-exclusive jurisdiction of such courts for the enforcement of any judgment on any award; (ii) each of the parties irrevocably waives, to the fullest extent they may effectively do so, any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens or any right of objection to jurisdiction on account of its appointee place of incorporation or domicile, which it may now or hereafter have to the Arbitration board and will share equally the fees and disbursements bringing of any such action or proceeding in any New York Courts; (iii) each of the Chairperson. No person who participated in parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid; and (iv) each of the Grievance Procedure may be appointed as a nominee parties hereby irrevocably waives any and all right to the Board trial by either partyjury.

Arbitration. (a) 21.01 If the parties fail to settle the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in at Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar daysthe grievance procedure, the grievance shall may be deemed abandoned.referred to arbitration as follows: (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify 21.02 The party requiring arbitration must serve the other party with written notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure. The reference to days excludes Saturdays, Sundays and public holidays. Time limits mentioned in this Article may be extended on consent of both parties. a. If a party wishes to arbitrate a dispute, it shall indicate whether it wishes to have this done by a board of arbitration or by a sole arbitrator. b. When either party requests that a grievance be submitted to arbitration, the request shall be in writing of its desire addressed to submit the differences or allegation other party to arbitration this Agreement and the notice shall contain the name of the first party's appointee ’s nominee to an Arbitration Boardthe Board of Arbitration. The recipient of the notice shall shall, within ten (10) working days inform the other party of the name of thereafter designate its appointee nominee to the Arbitration BoardBoard of Arbitration. The two appointees (2) so selectednominated shall endeavour, shall within ten (10) working days of after the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a third person to act as Chairperson of the Board of Arbitration. If the nominees are not able to agree upon a third person as chairperson within ten (10) days after the appointment of second person, then either party may request the Office of Arbitration of the Province of Ontario to appoint the third member and Chairperson of the Board of Arbitration. All references in this Article to a board of arbitration shall equally apply to a sole arbitrator. 21.04 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as chairperson of an arbitration board or as sole arbitrator. 21.05 The decision of a majority is the decision of the arbitration board but if there is no majority, the decision of the chairperson of the arbitration board governs. 21.06 Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service. 21.07 If a party fails to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with this Article, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties. 21.08 It is agreed that the arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with the time limitlimits set out in the articles dealing with grievance and arbitration procedures, where it appears that the appointment shall default was due to a reliance upon words or conduct of the other party. 21.09 The arbitration board is to be made governed by the Minister of Labour for Ontario upon the request of either party. following provisions: a. The Arbitration Board arbitration board shall hear and determine the difference or allegation subject of the grievance and shall issue a decision and the decision which is final and binding upon the parties and upon any nurse employee or Employer affected by it; b. The board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations; c. The board shall not have the power to alter or amend any of the provisions of this Agreement, except the time limits for grievances where the delay was occasioned by a reliance on words or conduct of the other party; d. The parties and the arbitrator shall have access to the Employer’s premises to view working conditions or operations that may be relevant to the resolution of a grievance; e. The board shall not have the power to amend a grievance. It shall have the power to modify the disciplinary penalties; f. The board shall have jurisdiction to determine whether a grievance is arbitrable; g. The board shall not have the power to amend this Agreement in order to give a decision inconsistent with it. The decision of a the majority is of members of the Board of Arbitration shall be the decision of the Arbitration Board, but if . If there is no majority majority, the decision of the Chairperson governs.shall govern; (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. h. Each of the parties to this Agreement will shall pay one-half (½) of the fees remuneration and disbursements expenses of the Chairperson of the board, plus the cost of its appointee to nominee. 21.10 Notwithstanding the Arbitration board and will share equally arbitration procedure outline above, a grievance, after the fees and disbursements second step of the Chairperson. No person who participated in the Grievance Procedure grievance procedure, may be appointed as a nominee referred to arbitration under the Board by either partyprovisions of The Labour Relations Act.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 10.1 Where a difference arises between the parties Centre and the Union relating to the interpretation, application or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, and the grievance has not been resolved in the Grievance Procedure, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, may notify the other party in writing of its desire to submit the differences or allegation grievance to arbitration. Such notice must be given in writing to the other party within fifteen (15) working days after the written decision is rendered at Step 2 of the Grievance Procedure. If no written request for arbitration and is received within fifteen (15) working days after the notice decision under Step 2 is given, the grievance shall be deemed to have been abandoned. 10.2 The Notice to Arbitrate shall contain the name of a nominee to the first party's appointee to an Arbitration BoardBoard of Arbitration. The recipient of the notice shall within ten Within fifteen (1015) working days inform thereafter the other party of shall name a nominee and notify the name of its appointee to the Arbitration Boardother party. The two appointees (2) nominees so selected, appointed shall confer and attempt to select by agreement the Chair of the Board of Arbitration within ten fifteen (1015) working days of from the appointment of the second of them, appoint a third person who shall be the Chairpersonlast nominee. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail they are unable to agree upon such a Chairperson within the time limitChair, the appointment shall be made by either nominee or party may request the Minister of Labour for the Province of Ontario upon the request of either partyto appoint a Chair. The Arbitration Board shall hear and determine the difference or allegation matter and shall issue a decision and the decision is which shall be final and binding upon the parties and upon any nurse employees affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) 10.3 The Arbitration Board shall not have any authority to alter or change amend in any way the provisions of this Agreement or Agreement; to substitute any new provision provisions in lieu thereof, or ; to give any decision inconsistent with, or contrary to to, the express intent or terms and conditions of this Agreement; in lieu thereof any way to modify, add to, or to give any decision, which adds to or detracts delete from any provision of this Agreement. ; or to consider any matter not covered by a provision of the Agreement. 10.4 Each party shall pay its own expenses, including witnesses, and the fees and expenses of the Arbitrator shall be borne equally by the parties. 10.5 The time limits and procedures set out in the Grievance and Arbitration provision herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to this Agreement have been abandoned. For the purposes of Articles 9 and 10, the term “working days” will pay the fees exclude Saturdays, Sundays and disbursements Holidays. 10.6 No matter may be submitted to arbitration which has not been properly carried through all steps of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to and within the Board by either partytime limits specified or any agreed upon written extension thereof.

Arbitration. (a) If 8.01 Both parties to this Agreement agree that any grievance concern- ing the interpretation or alleged violation of this Agreement, which has been properly carried through all the steps of the grievance is procedure out- lined in Article 7 above, and which has not been settled, will be referred to a board of arbitration at the Union will notify the Employer within thirty-six (36) calendar days request of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties mayhereto. 8.02 The board of arbitration will be composed of one (1) person appointed by the Association, after exhausting one (1) person appointed by the grievance procedure(sUnion and one (1) established person to act as Chairman, chosen by this Agreementthe other two (2) members of the board. 8.03 Within two (2) working days of the request of either party for a board, each party shall notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee appointee. 8.04 Should the person chosen by the Association to act on the Arbitration Board. The two appointees so selected, shall board and the person chosen by the Union fail to agree on a third member as Chairman within ten five (105) working days of the appointment of the second of themnotification mentioned in 8.03 above, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for of the Province of Ontario upon will be asked to nominate an impartial person to act as Chairman. 8.05 The decisions of the request board of either party. The Arbitration Board shall hear and determine the difference arbitration or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is of such board constituted in the decision of the Arbitration Boardabove manner, but or if there is no majority majority, the decision deci- sion of the Chairperson governsChairman, shall be binding upon the employees, the Union, the Employer and the Association. (c) 8.06 The Arbitration Board board of arbitration shall not have any authority power to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or provisions for any existing provisions nor to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. . 8.07 Each of the parties to this Agreement will pay bear the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expense of the Chairperson. No person who participated arbitrator appointed by it and the parties will jointly bear the expenses, if any, of the Chairman. .01 The nature of the grievance, the remedy sought and the sec- tion or the sections of the Agreement which are alleged to have been vio- lated shall be set out in the Grievance Procedure written record of the grievance and may not be subject to change in later steps. .02 In determining the time, which is allowed in the various steps, Sundays, and Statutory Holidays shall be excluded, and any time limits may be appointed extended by agreement in writing; .03 If advantage of the provisions of Articles 7 and 8 hereof is not taken within the time limits specified therein or as a nominee extended in writing, as set out above, the grievance shall be deemed to the Board by either partyhave been abandoned and may not be reopened.

Arbitration. (a) 30.01 If the grievance is not settled, the Union will notify and the Employer within thirty-six (36) calendar days cannot reach a settlement, then at the request of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar dayseither party, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating submitted to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, Arbitrator. The party shall notify the other party in writing of its desire to submit the differences or allegation matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the Grievance Procedure was or should have been given. The matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 30.02 If any individual of the above panel who, having been requested in their turn to act as Arbitrator, shall be unable or unwilling to act, they shall not again be requested to act as Arbitrator on any arbitration until their name comes up again on the regular rotation of the panel. 30.03 If the matter is deemed by the Employer or the Union to be one which requires an expedited arbitration process and the notice Arbitrator named from the list above is not in a position to convene the hearing within twenty-eight (28) days from the date of their selection, then the next arbitrator on the list shall contain be selected and so forth until an Arbitrator is named. In the name event that none of the first party's appointee above is willing to convene a hearing within twenty-eight (28) days, then the matter will be referred to the Manitoba Labour Board who shall appoint an Arbitration BoardArbitrator who is willing to convene the hearing within twenty- eight (28) days from the date of their selection. The recipient In the case of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selectedarbitration being expedited, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision Arbitrator shall be given within twenty-one (21) days of the Chairperson governsclosing of the arbitration hearing. Notwithstanding the above, the grieving party may still exercise their right to the expedited process set out in The Labour Relations Act for the Province of Manitoba if they so choose without using the process above. (c) 30.04 The Arbitration Board person selected as Arbitrator shall in no way be involved directly in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute. 30.05 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer. In reaching their decision, the Arbitrator shall be governed by the provisions of this Agreement. 30.06 The Arbitrator shall not have be vested with the power to change, modify or alter any authority of the terms of this Agreement. All grievances submitted shall present an arbitrable issue under this Agreement and shall not depend on or involve an issue or contention by either party that is contrary to alter or change any provisions of this Agreement Agreement, or which involves the determining of a subject matter not covered by or arising during the term of this Agreement. 30.07 In the event of termination, discharge or suspension of an employee, the arbitrator shall have the right to sustain the Employer's action or to substitute any new provision in lieu thereofreinstate the employee with full, part or no back pay, with or without loss of seniority, or to give settle the matter in any decision contrary to way they deem equitable. 30.08 The findings and decisions of the express intent or terms Arbitrator on all arbitrable questions shall be binding and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each enforceable on all parties involved. 30.09 It is the intention of the parties that this Article shall provide a peaceful method of adjusting all grievances so that there shall be no suspension or interruption of normal operations as a result of any grievances. The parties shall act in good faith in proceeding to adjust grievances in accordance with the provisions of this Agreement will pay Article. 30.10 The expenses and fees of the fees and disbursements of its appointee Arbitrator shall be borne equally by the parties to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyarbitration proceedings.

Arbitration. (a) If 10.01 As a condition precedent to any right of action hereunder, in the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days event of the reply in Step 2 any dispute or difference of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises opinion hereafter arising between the parties relating Company and the Reinsurer with respect to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify or with respect to these Parties' obligations hereunder, it is hereby mutually agreed that such dispute or difference of opinion shall be submitted to arbitration. 10.02 One arbiter (an "Arbiter") shall be chosen by the Company and one Arbiter shall be chosen by the Reinsurer and an umpire (an "Umpire") shall be chosen by the Arbiters, all of whom shall be active or retired disinterested executive officers of property and casualty insurance or reinsurance companies. 10.03 In the event that a party fails to choose an Arbiter within thirty (30) days following a written request by either party to the other to name an Arbiter, the party in writing of who has chosen its desire to submit Arbiter may choose the differences or allegation to arbitration and unchosen Arbiter. Thereafter, the notice Arbiters shall contain the name of the first party's appointee to choose an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the ChairpersonUmpire before entering upon arbitration. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees Arbiters fail to agree upon a Chairperson the selection for the Umpire within thirty (30) days following their appointment, each Arbiter shall name three nominees, of whom the time limitother shall decline two, and the appointment decision shall be made by drawing lots. 10.04 Each party shall present its case to the Minister Arbiters and Umpire within a reasonable amount of Labour for Ontario upon time after selection of the request of either partyUmpire, unless the period is extended by the Arbiters and the Umpire in writing and/or at a hearing in Dallas, Texas. The Arbitration Board Arbiters and Umpire shall hear consider this Agreement as an honorable engagement, as well as a legal obligation, and determine they are relieved of all judicial formalities and may abstain from following the difference or allegation strict rules of law regarding entering of evidence. The decision in writing by a majority of the Arbiters and Umpire when filed with the Parties shall issue a decision and the decision is be final and binding on the parties. Judgment upon the parties and upon any nurse affected by it. The decision of a majority is the final decision of the Arbitration BoardArbiters and Umpire may be entered in any court of competent jurisdiction. 10.05 In the event of a dispute between the Company and the Reinsurer concerning this Agreement and the General Agency Agreement (regardless of whether either party has claims against the General Agent), but if there is no majority the decision entire dispute between the Company and the Reinsurer shall be subject to arbitration as provided in this Article X. 10.06 The costs of the Chairperson governsarbitration, including the fees of the arbitrators and the umpire, shall be borne equally unless the Arbiters and Umpire shall decide otherwise. (c) The Arbitration Board 10.07 This Agreement shall not have any authority to alter or change any provisions be interpreted under the laws of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary Texas and the arbitration shall be governed and conducted according to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Texas General Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyAct.

Arbitration. (a) If the 9.01 When a party desires that a grievance is not settledbe submitted to arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance that party shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation matter to arbitration and within fourteen (14) calendar days after the notice shall contain date the name decision at Step 2 of the first party's appointee to an Arbitration Boardgrievance procedure was or should have been given. The recipient matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ 9.02 If any individual of the notice above panel who, having been requested in his turn to act as arbitrator on an arbitration, shall within ten (10) working days inform be unable or unwilling to act, he shall not again be requested to act as arbitrator on any arbitration until his name comes up again on the other party regular rotation of the name panel. 9.03 The arbitrator shall not be deemed to be willing to act unless s/he is in the position to convene the hearing within forty-two (42) days from the date of its appointee his/her selection. In the event none of the above arbitrators is willing to convene a hearing within forty-two (42) days, the matter will be referred to the Arbitration Board. The two appointees so selected, Manitoba Labour Board which shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if . The decision of the two appointees fail arbitrator shall be given within a period of twenty-eight (28) days after the closing of the arbitration hearing. 9.04 The arbitrator may determine his own procedure but shall give full opportunity to agree upon a Chairperson within the time limitall parties to present evidence and to make representations. 9.05 In any arbitration, the appointment shall be made by written representation of the Minister aggrieved employee at Step 2 of Labour for Ontario upon the request grievance procedure (or, in the case of either party. The Arbitration Board shall hear and determine a policy grievance, the difference written representations of the Union or allegation and shall issue a decision the Company at Step 2) and the decision is of the General Manager or his designate (or, in the case of a policy grievance, the decision of the Union) at Step 2 of the grievance procedure shall be presented to the arbitrator, and the award of the arbitrator shall be confined to the issues therein set out. 9.06 In no event shall the arbitrator alter, modify or amend any part of this Agreement, nor shall he have the authority to make any decisions inconsistent with the provisions hereof. The arbitrator shall have the authority, within the above limitations, to dispose of grievances in such manner as he may deem just in the circumstances. 9.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned. 9.08 The Company and the Union shall each pay one-half (1/2) of the fees and expenses of the arbitrator. 9.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure. 9.10 The time limits set out in the grievance procedure (Article 8) and the arbitration provisions (Article 9) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union. 9.11 In the interest of settling a grievance prior to an arbitration hearing, the Company and the Union may request the assistance of a grievance mediator where the grievance has been properly carried through the grievance procedure set out in Article 8 and referred to arbitration in accordance with this Article 9. The expenses and fees of the mediator shall be borne equally by the Company and the Union. It is expressly understood and agreed between the parties and upon that any nurse affected by it. The decision of a majority is such mediator has no authority or powers under the decision terms of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority Collective Agreement to alter impose or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of require the parties to this Agreement will pay the fees and disbursements of its appointee accept his or her suggested settlement to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated matter in the Grievance Procedure may be appointed as a nominee to the Board by either partydispute.

Arbitration. (a) If 10.01 Failing settlement of a grievance under the preceding procedure, such grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall may be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation submitted to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment either receipt of the second of them, appoint a third person who shall be Step 4 response or the Chairperson. If the recipient expiry of the notice fails to appoint an arbitratortime limit for response by the Employer, or if where the two appointees fail parties consent to agree upon proceed to Step 5, within ten (10) working days of receipt of either the written recommendations from the Elders or the expiry of the time limit for response by the Elders, provided the grievance has been properly processed through the entire grievance procedure. 10.02 If a Chairperson grievance is not referred to arbitration within the time limitten (10) working day period, the appointment grievance will be conclusively deemed to have been abandoned. (a) When either party requests that a grievance be referred to arbitration, the request shall be made by in writing addressed to the Minister of Labour for Ontario upon other party to this Collective Agreement. (b) The following arbitration provisions shall apply: (i) At the request of either party, the parties will meet and negotiate an Anishinabek Arbitration provision. The Following the negotiation of an Anishinabek Arbitration Board provision, the parties shall hear comply with the Anishinabek Arbitration provision and determine Article 10.03(b)(ii) shall be of no force and effect; (ii) Pending the difference or allegation and shall issue a decision negotiation of an Anishinabek Arbitration provision: A. the Employer and the decision is final Union will attempt to agree on a single Anishinabek Arbitrator; B. failing agreement on a single Anishinabek Arbitrator, the Employer and binding upon the parties Union shall each select one (1) nominee and upon these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a non-Anishinabek Chairperson; C. at any nurse affected by it. The decision of a majority is time and despite Articles 10.03(b)(ii)(A) and (B), with the decision consent of the Arbitration Board, but if there is no majority Employer and the decision of the Chairperson governsUnion a single Arbitrator may be used. (c) The Arbitration Board It is understood that the Arbitrator shall not interpret this Collective Agreement and shall only deal with the questions which are submitted, and shall have any authority no power to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereofalter, add to, or to give any decision contrary to amend this Collective Agreement. (d) The Employer and the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay Union shall each be responsible for the fees and disbursements expenses of its appointee to the Arbitration board own appointee, if any, and will share equally for one-half (1/2) of the fees and disbursements expenses of either the Chairperson. No person who participated in the Grievance Procedure may be individual appointed as a nominee pursuant to the Board Anishinabek Arbitration provision as the Chairperson or a single arbitrator agreed to by either partythe parties.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where 26.01 When a difference arises between the parties relating to the interpretation, application application, or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, arbitrable or where when an allegation is made that this Agreement agreement has been violated, either of the parties may, after exhausting the any grievance procedure(s) procedure established by this Agreementagreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Boardarbitration board. The recipient of the notice shall shall, within ten (10) working days days, inform the other party of the name of its appointee to the Arbitration Boardarbitration board. The two (2) appointees so selected, selected shall within ten fifteen (1015) working days of the appointment of the second (2nd) of them, them appoint a third (3rd) person who shall be the Chairpersonchairperson. If the recipient of the notice fails to appoint an arbitrator, arbitrator or if the two (2) appointees fail to agree upon a Chairperson chairperson within the time limit, the appointment shall be made by the Ontario Minister of Labour for Ontario Labour, upon the request of either party. The Arbitration Board arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse employee or Employer affected by it. The decision of a the majority is the decision of the Arbitration Boardarbitration board; but, but if there is no majority majority, the decision of the Chairperson chairperson governs. (c) 26.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 26.03 Each of the parties hereto will jointly bear the expense and fees of the chairperson of the arbitration board and will pay all the fees and expenses of the nominee appointed. 26.04 The Arbitration Board arbitration board shall not have any authority jurisdiction to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions provisions in lieu thereof or to give any decision, which adds to or detracts from any provision a decision inconsistent with the terms and provisions of this Agreement. Each . 26.05 Any referral of the grievance or dispute between the parties to this Agreement will pay any Arbitration Board shall be made within thirty (30) days of receipt by the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements Association of the Chairperson. No person who participated in reply under Step III of the Grievance Procedure may be appointed as a nominee to the Board by either partygrievance procedure.

Arbitration. (a) If the 7.01 When either party requests that a grievance is not settledbe submitted to arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance request shall be deemed abandoned. (b) Where a difference arises between the parties relating made by registered mail addressed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the Agreement, within forty (40) working days following the exhaustion of the grievance procedure, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two (2) appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. select an impartial chair. 7.02 If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairperson Chair within the time limitseven (7) days of their appointment, the appointment shall be made by the Minister of Manitoba Labour for Ontario Board upon the request of either party. 7.03 The arbitrator may determine their own procedure, but shall give full opportunity to all parties to present evidence and make representations to the arbitrator. The Arbitration Board arbitrator shall hear and determine the difference or allegation and shall issue render a decision and within ten (10) working days from the decision time a final meeting is final and binding upon the parties and upon any nurse affected by it. held. 7.04 The decision of a the majority of the members of the Arbitration Board is the decision of the Arbitration BoardBoard and, but if there is no decision that is common to a majority of the members, the decision of the Chairperson governs. (c) The Chair of the Arbitration Board shall be deemed to be the decision of the Arbitration Board. The decision of the Arbitration Board shall be final, binding and enforceable on all parties. The Board of Arbitration shall not have any authority the power to alter or change any provisions of this Agreement or to substitute alter, modify or amend any new provision in lieu thereof, of its provisions or to give make any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. . 7.05 Each of the parties to this Agreement will pay party shall pay: a) the fees and disbursements expenses of its appointee to the Arbitration board and will share equally nominee it appoints, and b) one-half (½) of the fees and disbursements expenses of the Chairperson. No person who participated Chair. 7.06 In the case of dismissal of, or other discipline to any Employee (except an Employee in their probationary period) for just cause, the justification for the dismissal or discipline and the nature and extent of the penalty imposed shall be subject to grievance as hereinbefore set out and the Arbitrator shall have the authority to provide the penalty which in the Grievance Procedure opinion appears to be just and equitable. 7.07 The time limits in both the grievance and arbitration procedure may be appointed as extended by mutual agreement and shall be confirmed in writing. 7.08 Nothing herein shall prohibit the parties from agreeing on a nominee single arbitrator. If the parties so agree, the provisions of this article relating to an arbitration board shall apply mutatis mutandis to the Board by either partysingle arbitrator.

Arbitration. (a) If In the event the aggrieved person together with the Association is not satisfied with the disposition of the grievance is not settled, the Union will notify the Employer at Level Two or if no decision has been rendered within thirty-six twenty (3620) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar dayswritten Level Two grievance request, the grievance may be submitted in writing within twenty (20) days to binding arbitration. The arbitrator shall be deemed abandoned. (b) Where a difference arises between mutually agreed to by the parties relating parties, or if they cannot agree, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceeding any ground to or rely on any evidence not previously disclosed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Boardother. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who It shall be the Chairperson. If the recipient function of the notice fails to appoint an arbitrator, and he/she shall be empowered, except as his/her powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement. 1. It is expressly agreed that the power of the arbitrator shall be limited in each case to the resolution of the question submitted to him/her. It is further specifically agreed that the arbitrator shall have no power to add to, subtract from, or if modify, any of the two appointees fail terms of this Agreement. Arbitration shall be limited to agree upon a Chairperson within substantiated claim of misinterpretation, misapplication, or violation of the time limitnegotiated Agreement. When the arbitrability of the issue is challenged, the appointment arbitrator shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall first hear and determine rule on the difference or allegation and shall issue a decision and question of arbitrability before hearing the decision is final and binding upon merits of the parties and upon any nurse affected by itissue. The decision of a majority is the decision of arbitrator shall be final and binding on both parties, when the Arbitration Board, but if there is no majority arbitrator has not exceeded the decision of limitations placed upon arbitration by the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement negotiated Agreement. 2. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. 3. No decision in any one case shall require retroactive adjustment in any other case. 4. He/she shall have no power to establish salary scales. 5. He/she shall have no power to rule on any of the following: a. The termination of services of or failure to substitute re-employ any new provision in lieu thereofpro- bationary teacher. b. The termination of services or failure to reemploy any teacher to a position other than his/her basic position. c. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, or to give including any decision contrary matter subject to the express intent or terms and conditions procedures specified in lieu thereof or to give any decisionthe Teacher's Tenure Act (Act IV Public Acts, which adds to or detracts from any provision Extra Session of 1937 of Michigan, as amended). d. Any matter involving teacher evaluation except as outlined in this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee . e. Discretionary action reserved to the Arbitration board District. f. Curriculum, textbook selection and will share equally the fees course content. g. Teacher assignment, transfer and disbursements evaluation. h. Reduction in personnel except specific negotiated procedures, arbitration of the Chairperson. No person who participated in the Grievance Procedure may procedures shall be appointed as limited to a nominee to the Board by either partyprocedural remedy.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement agreement has been violated, either of the parties may, party may after exhausting the any grievance procedure(s) procedure established by this Agreementagreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the arbitration. The notice shall contain the name of the first party's ’s appointee to an Arbitration BoardBoard and shall be delivered to the other within thirty (30) days of the reply under Step 3 of the Grievance Procedure. The recipient of the notice shall party shall, within ten (10) working days inform days, advise the other party of the name of its appointee to the Arbitration Board. . 8.02 The two appointees so selected, selected shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the ChairpersonChairman. If the recipient of the notice party fails to appoint an arbitrator, its member or if the two appointees fail to agree upon a Chairperson within the time limitChairman, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is shall be final and binding upon the parties and upon any nurse employee affected by it. The decision of a majority is shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.04 The Board of Arbitration Board shall not have any authority power to alter or change any of the provisions of this Agreement or agreement, nor to substitute any new provision in lieu thereofprovisions for any existing provisions, or nor to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof provisions of this agreement. 8.05 Where a grievance resulting from a discharge or to give suspension which is filed under Article 7 is not settled and duly comes before an arbitration board, the board may make a ruling: (a) Confirming the employer’s action; or (b) Reinstating the employee with compensation for regular time lost (except for the amount of any decision, which adds to remuneration or detracts compensation the employee has received from any provision other source pending the disposition of this Agreement. Each his case); or (c) Disposing of the parties grievance in any other manner that may be deemed by the board to this Agreement will pay the be just and equitable. 8.06 The fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated in Chairman shall be paid one- half each by the Grievance Procedure may be appointed as a nominee to Company and the Board by either partyUnion.

Arbitration. (a) If The parties agree that any grievance which has been properly carried through all of the grievance is above steps and which has not settledbeen settled shall, upon the Union will notify written request of one of the Employer parties made within thirty-six one (3631) calendar days of the reply in Step 2 answer of their decision the Joint Standing Committee and delivered to proceed the other party within such time, be referred to Arbitration. a Board of Arbitration or, if the Company and the Union agree, to a single arbitrator. (b) If notice no written request is not received within thirty-six (36) calendar daysthe time stipulated, the grievance shall be deemed abandonedto have been settled in accordance with the answer made by the Employer designate and shall not be submitted to arbitration or be arbitrable. (bc) Where In the case of a difference arises between Board of Arbitration the parties relating board will be composed of one person appointed by the Employer, one person appointed by the Union, and a third person to act as Chairman, to be chosen by the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either other two members of the parties mayBoard. Within fifteen (15) days of the request by either party, after exhausting the grievance procedure(s) established by this Agreement, each party shall notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee his appointee. (d) Should the person chosen by the Employer to act on the Arbitration Board. The two appointees so selected, shall within ten (10) working days of Board and the appointment of person chosen by the second of them, appoint Union fail to agree on a third person who shall be the Chairperson. If the recipient within three (3) weeks of the notice fails to appoint an arbitratornotification as set out above, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for the Province of Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue may be asked to nominate a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsperson to act as Chairman. (ce) Decisions of the Board of Arbitration, or a majority thereof, shall be binding on both parties. Decisions of a sole arbitrator shall be binding on both parties. (f) The Board of Arbitration Board or a sole arbitrator shall not have any authority power to alter alter, modify, amend or change any of the provisions of this Agreement or to substitute any new provision in lieu thereofprovisions, or to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof provisions of this Agreement or to give deal with any decision, which adds to or detracts from any provision of this Agreement. Each matter not covered by the agreement. (g) The fees of the parties to this Agreement will pay Chairman of a Board of Arbitration, or the fees and disbursements of its appointee to the Arbitration board and a single arbitrator, will share equally the fees and disbursements of the Chairperson. be paid in equal shares by both parties. (h) No person will be selected as arbitrator who participated has been directly involved in attempts to negotiate or settle the grievance. (i) Whenever a grievance is referred to arbitration in the Grievance Procedure may be appointed as a nominee to case of dismissal of an Employee, such arbitration shall take precedence over any other arbitration case being studied at the Board by either partysame time, provided the rules stipulated in the present Agreement are not violated.

Arbitration. (a) If the 23.01 Any grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to concerning the interpretation, application application, administration or administration alleged violation of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement which has been violated, either of the parties may, after exhausting processed through the grievance procedure(s) established by this Agreementprocedure and which has not been settled, notify the other party in writing of its desire to submit the differences or allegation will be referred to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon at the request of either party. The notice for arbitration must be given in writing within fifteen (15) working days after receipt of the decision at Step 2. 23.02 The grievance shall be heard by a single Arbitrator unless either party provides written notice to the other, no later than five (5) working days after the delivery of the notice of arbitration, that it requires that the grievance be heard by a three-person Board of Arbitration, In such case, the notice shall include the name of the requesting party’s nominee to the Board of Arbitration. The party receiving such notice shall have five (5) working days to appoint its nominee, and the nominees together shall have a further five (5) working days to appoint a chairperson. 23.03 If the parties fail to agree to a single Arbitrator within ten (10) days of the notice for arbitration, or if their nominees fail to appoint a chairperson as provided above, either party may request that the Ontario Minister of Labour make the nomination. 23.04 The Board of Arbitration Board or single Arbitrator shall hear and determine the difference or allegation matter and shall issue a decision and the decision is which shall be final and binding upon the parties and upon any nurse employee affected by it. The decision of a the majority is shall be the decision of the Board of Arbitration Boardor single Arbitrator, but if there is no majority decision, the decision of the Chairperson governschairperson shall govern. (c) 23.05 The Board of Arbitration Board or single Arbitrator shall not have any authority power to alter add to, delete from, or change any modify the provisions of this Agreement or to substitute any new provision in lieu thereofprovisions, or nor to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. 23.06 Each party hereto shall bear its own costs and incidentals to any such arbitration proceedings. Each The fees and charges of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements Chairperson of the ChairpersonBoard of Arbitration or single Arbitrator shall be borne equally by the parties hereto. 23.07 Employees whose attendance is required at arbitration hearings shall receive permission from the Employer to be absent from work. No person who participated Time spent in such proceedings during the Grievance Procedure may working day shall be appointed as a nominee to the Board by either partyconsidered time worked.

Arbitration. 10.01 When either party wishes to have a grievance referred to arbitration it shall give written notice of such referral to the other party within the time limits set out above, and at the same time appoint its nominee to the Arbitration Board. Within nine (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (369) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of shall appoint its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other nominee, provided that if such party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitratorits nominee, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for the Province of Ontario shall have power to effect such appointment upon application by the request party invoking the arbitration procedure. The two nominees shall attempt to select, by agreement, a chairman of either party. the Arbitration Board. 10.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.03 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 10.04 The Arbitration Board shall hear and determine not be authorized to make any decision inconsistent with the difference provisions of this Agreement, nor to alter, modify, add to, or allegation and shall issue a decision amend any part of this Agreement. 10.05 The proceedings of the Arbitration Board may be expedited by the parties hereto; and the decision of the majority shall be final and binding. Where there is no majority, the decision of the Chairman will be final and binding upon the parties hereto and upon any the nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsor nurses concerned. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. 10.06 Each of the parties to this Agreement hereto will pay bear the fees expense of the nominee appointed by it and disbursements of its appointee to the Arbitration board and parties will share equally the fees and disbursements expenses of the Chairperson. No person who participated chairman of the Arbitration Board. 10.07 The time limits set out in the Grievance Procedure may be appointed as a nominee and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned, subject only to the provisions of Section 44(6) of the Labour Relations Act. 10.08 Wherever Arbitration Board by either partyis referred to in this Agreement, the parties may mutually agree in writing to substitute a single arbitrator for the Arbitration Board at the time the reference to arbitration and the other provisions referring to Arbitration Board shall apply accordingly.

Arbitration. (a) 13:01 If the a grievance is not settledsettled at Step 3, the Union will either party may notify the Employer other within thirty-six a further period of fifteen (3615) calendar working days of after receiving the written reply in Step 2 of their decision that it intends to proceed to Arbitrationarbitration. If The notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating of intention to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation proceed to arbitration and the notice shall contain the name details of the first party's appointee to an Arbitration Board. The recipient grievance, a statement of the notice shall within ten (10) working days inform the other party issue in dispute, and a statement of the name type of its appointee remedy sought by the party from an arbitrator. 13:02 The provisions of this article shall be based on the use of a single arbitrator, unless the provisions of Article 13:06 are specifically invoked. Sole Arbitrators shall be selected in rotation from the following list, commencing with the first person named. For each successive referral to arbitration, the Arbitration Boardnext person named shall be selected: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ If the person selected is unavailable within a reasonable time, the next person on the list shall be selected. The two appointees so selectedShould none of the above be available within a reasonable time, the parties may select a mutually agreeable alternative. In any event, the parties shall attempt to select a Sole Arbitrator within ten twenty (1020) working days of the appointment notice of intent to proceed to arbitration. In the second of them, appoint a third person who shall be event that the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail parties are unable to agree upon on a Chairperson hearing within the time limita reasonable time, the appointment shall be made by either party may request that the Minister of Labour for Ontario upon appoint a Sole Arbitrator. 13:03 An arbitrator shall not have the request authority to make any decision which is inconsistent with the terms of either partythe Agreement nor to add to or amend any of the terms of the Agreement. The Arbitration Board jurisdiction of the arbitrator shall hear and determine be confined to the difference or allegation and issue in dispute. The decision of the arbitrator shall issue a decision and the decision is be final and binding upon the parties. 13:04 In the event that an arbitrator deals with a matter relating to discharge, suspension or disciplinary action, then the arbitrator has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award he/she may deem just and reasonable which would be consistent with the terms of the Agreement. 13:05 The parties shall jointly and upon equally bear the fees and expenses of the arbitrator. 13:06 Either party may request the establishment of a board of arbitration in respect of any nurse affected grievance submitted for arbitration. In such a case, the parties shall each appoint a nominee to the board of arbitration and the chairperson of the board of arbitration will be one of the arbitrators set out in Article 13:02 above or such other chairperson as the two nominees appointed by itthe parties otherwise agree. Each party shall bear the fees and expenses of its own nominee to an arbitration board, and the parties shall jointly and equally bear the fees and expenses of the Chairperson. The provisions of Articles 13:01, 13:03, 13:04, 13:07, and 13:08 apply to a board of arbitration. The decision of a shall be unanimous or one reached by the majority is the decision of the Arbitration Boardmembers of the board; provided, but however, that if there is no majority decision of the board then the decision of the Chairperson governsshall constitute the final and binding decision of the board. (c) The Arbitration Board shall 13:07 Saturdays, Sundays and University holidays will not have any authority be counted in determining the time within which action is to alter be taken or change any provisions of completed under the Grievance Procedure. 13:08 Time limits set forth in this Agreement or to substitute any new provision article may be extended by mutual agreement in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of writing between the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyhereto.

Arbitration. (a) If When either party requests that a grievance be submitted to arbitration, such party shall make the grievance is not settled, request in writing addressed to the Union will notify the Employer within thirty-six other party to this Agreement. Within ten (3610) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar working days, the grievance parties shall be deemed abandonedmeet and attempt to select an impartial arbitrator from their pre- established list of arbitrators as outlined in 8.01(b). (b) The parties will select from a pre-established list of impartial arbitrators. 8.02 Where none of the arbitrators from the pre-established list are available within ninety (90) working days, the parties shall jointly, within five (5) working days, request the Minister of Labour to submit to them a difference arises list of five (5) names from which the arbitrator will be selected by striking. The party requesting arbitration shall first strike one name from the list and each party shall thereafter strike names alternatively until one remains. The person whose name remains shall be designated as the arbitrator. 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.04 The unsuccessful party will bear the expenses of the impartial arbitrator subject to the Arbitrator's discretion. Each party shall bear the expenses of their witnesses. 8.05 Subject to the provisions of Article 7 above, no matter may be submitted to Arbitration, which has not been carried through Stage Two of the grievance procedure. The parties agree that failure to comply with 7.01 does not constitute a bar to Arbitration. Particulars and documents to be relied upon at Arbitration will be exchanged between the parties relating at least two weeks in advance of the hearing date. 8.06 The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of the Agreement, to alter, modify or amend any part of the Agreement, and shall deal only with differences between the parties arising from the interpretation, application application, administration or administration alleged violation of this agreement, Agreement including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either . 8.07 The proceedings of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall Board will be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made expedited by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision parties hereto, and the decision is of such Board will be final and binding upon the parties and upon hereto. 8.08 At any nurse affected by it. The decision of a majority is the decision stage of the Arbitration Boardgrievance procedure, but if there is no majority including arbitration, the decision conferring parties may have the assistance of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereofemployee, or to give employees, concerned and any decision contrary necessary witnesses, or documents relevant to the express intent or terms issue, and conditions in lieu thereof or all reasonable arrangements will be made to give any decision, which adds to or detracts from any provision of this Agreement. Each of permit the conferring parties to this Agreement will pay the fees and disbursements of its appointee have access to the Arbitration board plant to view disputed operations and will share equally to confer with the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partynecessary witnesses.

Arbitration. (a) If 9.01 Failing settlement under the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days procedure of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a any difference arises between the parties relating to arising from the interpretation, application application, administration or administration alleged violation of this agreementAgreement, including any question questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may within fourteen (14) calendar days following a reply in the final step of the parties maygrievance procedure, after exhausting the submit such grievance procedure(s) established by this Agreement, notify to arbitration as set out hereunder. 9.02 The notice shall be in writing addressed to the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first [1st] party's appointee to an Arbitration Board. The the Board of Arbitration. 9.03 Within fourteen (14) calendar days thereafter the recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. . 9.04 The two (2) appointees so selected, shall within ten fourteen (1014) working calendar days of the appointment of the second [2nd] of them, appoint select a third [3rd] person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees (2) parties fail to agree upon a Chairperson within the time limitprescribed, the appointment shall be made by either party may request the Minister of Labour for Ontario upon to appoint a Chairperson. 9.05 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsgrievance. (ca) The Arbitration Board shall not have jurisdiction to amend or add to any authority to alter or change any of the provisions of this Agreement Agreement, or to substitute any new provision in lieu thereof, or to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. . (b) Where the Arbitration Board determines that a nurse has been discharged, suspended or otherwise disciplined by the Employer for cause and there is no specific penalty for the infraction agreed to by the Employer and the Association as comprising a part hereof, the Arbitration Board may substitute such other penalty as the Arbitration Board deems just and reasonable in all the circumstances. 9.07 No matter shall be dealt with at Arbitration which has not been properly carried through all the previous steps of the grievance procedure. 9.08 The written decision of the majority of the Board of Arbitration or if there is no majority, of the Chairperson shall be final and binding upon the Employer, the Association and the nurse or nurses concerned. 9.09 Each of the parties to this Agreement will bear the expense of the Arbitrator appointed by it and each of them shall pay half the fees remuneration and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either party.

Arbitration. (a) If the grievance is not settled8.01 When either party requests that any matter be submitted to arbitration as hereinbefore provided, the Union will notify the Employer within thirty-six (36) calendar days of the reply it shall make such request, in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar dayswriting, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating addressed to the interpretation, application or administration of this agreement, including any question as other party to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, and at the same time appoint their nominee. 8.02 Within fifteen (15) working days thereafter, the other party shall appoint their nominee and notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. . 8.03 The two appointees nominees so selectednominated shall, shall within ten fifteen (1015) working days of the appointment nomination of the second latter of them, appoint a attempt to settle by agreement the selection of the third person who shall to be the Chairperson. If the recipient a member and chairperson of the notice fails to appoint an arbitrator, or if Arbitration Board. In the event the two appointees fail nominees are unable to agree upon a Chairperson within the time limitagree, the appointment shall be made by the Minister of Labour for Ontario Labour, upon the request of either party. Party, may appoint the chairperson. 8.04 No matter may be submitted to arbitration which has not been carried through all requisite steps of the Grievance Procedure. 8.05 No person may be appointed as a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. 8.06 The arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement. 8.07 The proceedings of the Arbitration Board shall hear and determine will be expedited by the difference or allegation and shall issue a decision parties hereto and the decision is of the Arbitrator will be final and binding upon the parties hereto and upon any nurse affected by it. The decision of a majority is the decision employee or employees concerned. 8.08 Each of the Arbitration Board, but if there is no majority parties hereto will jointly bear the decision fees and expenses of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this AgreementArbitrator. Each of the parties to this Agreement hereto will pay bear the fees fee and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated nominee appointed by them. 8.09 The time limits fixed in both the Grievance and Arbitration Procedure may be appointed as extended by consent of the parties of this Agreement. 8.10 A griever or any employee with a nominee to legally vested interest shall not lose any pay for regular time spent at an Arbitration Hearing. Necessary witnesses shall not lose any pay for the Board by either partyday(s) of testimony.

Arbitration. (a) If The parties will review case by case the appropriateness of the following expedited arbitration process for grievances arising from the Expedited Redeployment Grievance process. b) An arbitrator acceptable to the parties, will be retained as arbitrator for Employment Continuity grievances and he will be asked to deal with agreed-upon cases according to the terms (c) below. The arbitrator shall control the proceedings and retain jurisdiction to require further submissions of fact or argument as he deems necessary to determine the matter. c) The expedited arbitration process will require the following: i. each grievance is not settledcan be heard on one day, more than one grievance may be scheduled per day subject to the arbitrator’s direction. ii. the parties will prepare and sign a Joint Statement of the facts giving rise to the dispute, the Union facts in dispute (to the extent practicable), and any agreement as to the issues to be decided by the arbitrator. The Joint Statement must be developed prior to scheduling the hearing date. iii. each party will notify present three copies of a Case Statement at the Employer within thirty-six (36) calendar days outset of the reply in Step 2 of their decision hearing. The Case Statement will state the issues to proceed to Arbitration. If notice is not received within thirty-six (36) calendar daysbe determined, the grievance shall be deemed abandonedfacts on which the party relies, and a summary of the position of the party, supported by documentary exhibits and references to the Collective Agreement, jurisprudence or other authorities. (b) Where iv. witnesses may be called where the arbitrator rules that there is a difference arises between material factual dispute and determines which parts of the evidence sought to be called appear relevant and material to the determination of the grievance. Witnesses will be under oath and subject to examination and cross-examination. v. oral argument will be limited to the position of the party set out in the Case Statement and the rebuttal of the other party’s argument. vi. the arbitrator will determine the matter as soon as possible, with a written decision issued to the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of hearing date. Failure to meet a time limitation under this process will be deemed a technicality that does not invalidate the second of themproceedings or the award. d) Where the parties do not agree that a case is appropriate for this procedure, appoint a third person who shall it will be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made dealt with by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed same arbitrator as a nominee conventional referral to the Board by either partyarbitration.

Arbitration. (a) If the 7.01 When either party requests that a grievance is not settledbe submitted to arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance request shall be deemed abandoned. (b) Where a difference arises between the parties relating made by registered mail addressed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the Agreement, within forty (40) working days following the exhaustion of the grievance procedure, indicating the name of its nominee on an Arbitration Board. Within five (5) days thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two (2) appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. select an impartial chair. 7.02 If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairperson Chair within the time limitseven (7) days of their appointment, the appointment shall be made by the Minister of Manitoba Labour for Ontario Board upon the request of either party. 7.03 The arbitrator may determine his own procedure, but shall give full opportunity to all parties to present evidence and make representations to him. The Arbitration Board arbitrator shall hear and determine render his decision within ten (10) working days from the difference or allegation and shall issue a decision and the decision is time he holds his final and binding upon the parties and upon any nurse affected by it. meeting. 7.04 The decision of a the majority of the members of the Arbitration Board is the decision of the Arbitration BoardBoard and, but if there is no decision that is common to a majority of the members, the decision of the Chairperson governs. (c) The Chair of the Arbitration Board shall be deemed to be the decision of the Arbitration Board. The decision of the Arbitration Board shall be final, binding and enforceable on all parties. The Board of Arbitration shall not have any authority the power to alter or change any provisions of this Agreement or to substitute alter, modify or amend any new provision in lieu thereof, of its provisions or to give make any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. . 7.05 Each of the parties to this Agreement will pay party shall pay: a) the fees and disbursements expenses of its appointee to the Arbitration board and will share equally nominee it appoints, and b) one-half (½) of the fees and disbursements expenses of the Chairperson. No person who participated Chair. 7.06 In the case of dismissal of, or other discipline to any employee (except an employee in her probationary period) for just cause, the Grievance Procedure justification for the dismissal or discipline and the nature and extent of the penalty imposed shall be subject to grievance as hereinbefore set out and the Arbitrator shall have the authority to provide the penalty which in his opinion appears to be just and equitable. 7.07 The time limits in both the grievance and arbitration procedure may be appointed as extended by mutual agreement and shall be confirmed in writing. 7.08 Nothing herein shall prohibit the parties from agreeing on a nominee single arbitrator. If the parties so agree, the provisions of this article relating to an arbitration board shall apply mutatis mutandis to the Board by either partysingle arbitrator.

Arbitration. (a) 14:01 If the a grievance is not settledsettled at Step 2, the Union will either party may notify the Employer other within thirty-six a further period of fifteen (3615) calendar working days (five [5] days in the case of a suspension or discharge grievance) after receiving the written reply in Step 2 of their decision that it intends to proceed to Arbitrationarbitration. If The notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating of intention to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation proceed to arbitration and the notice shall contain the name details of the first party's appointee to an Arbitration Board. The recipient grievance, a statement of the notice shall within ten (10) working days inform the other party issue in dispute, and a statement of the name type of its appointee remedy sought by the party from an arbitrator. 14:02 The provisions of this article shall be based on the use of a single arbitrator, unless the provisions of Article 14:06 are specifically invoked. Sole Arbitrators shall be selected in rotation from the following list, commencing with the first person named. For each successive referral to arbitration, the Arbitration Boardnext person named shall be selected: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ If the person selected is unavailable within a reasonable time, the next person on the list shall be selected. The two appointees so selectedShould none of the above be available within a reasonable time, the parties may select a mutually agreeable alternative. In any event, the parties shall attempt to select a Sole Arbitrator within ten twenty (1020) working days of the appointment notice of intent to proceed to arbitration. In the second of them, appoint a third person who shall be event that the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail parties are unable to agree upon on a Chairperson hearing within the time limitnine (9) months, the appointment shall be made by either party may request that the Minister of Labour for Ontario upon appoint a Sole Arbitrator. 14:03 An arbitrator shall not have the request authority to make any decision which is inconsistent with the terms of either partythe Agreement nor to add to or amend any of the terms of the Agreement. The Arbitration Board jurisdiction of the arbitrator shall hear and determine be confined to the difference or allegation and issue in dispute. The decision of the arbitrator shall issue a decision and the decision is be final and binding upon the parties. 14:04 In the event that an arbitrator deals with a matter relating to discharge, suspension or disciplinary action, then the arbitrator has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award he/she may deem just and reasonable which would be consistent with the terms of the Agreement. 14:05 The parties shall jointly and upon equally bear the fees and expenses of the arbitrator. 14:06 Either party may request the establishment of a board of arbitration in respect of any nurse affected grievance submitted for arbitration. In such a case, the parties shall each appoint a nominee to the board of arbitration and the chairperson of the board of arbitration will be one of the arbitrators set out in Article 14:02 above or such other chairperson as the two nominees appointed by itthe parties otherwise agree. Each party shall bear the fees and expenses of its own nominee to an arbitration board, and the parties shall jointly and equally bear the fees and expenses of the Chairperson. The provisions of Articles 14:01, 14:03, 14:04, 14:07, and 14:08 apply to a board of arbitration. The decision of a shall be unanimous or one reached by the majority is the decision of the Arbitration Boardmembers of the board; however, but if there is no majority decision of the board, then the decision of the Chairperson governsshall constitute the final and binding decision of the board. (c) The Arbitration Board shall 14:07 Saturdays, Sundays and University holidays will not have any authority be counted in determining the time within which action is to alter be taken or change any provisions of completed under the Grievance Procedure. 14:08 Time limits set forth in this Agreement or to substitute any new provision article may be extended by mutual agreement in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of writing between the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyhereto.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 11.01 Where a difference arises between the parties Parties relating to the interpretationadministration, application application, interpretation or administration alleged violation of this agreementAgreement, including any question as to whether a matter is arbitrable, the grieving Party may, within twenty (20) working days after the Step 2 written response is received or where an allegation is made that this Agreement has been violateddue, either provide written notification to the other Party of its intention to proceed to arbitration. 11.02 An arbitration hearing will proceed before a single arbitrator. 11.03 In its written referral pursuant to Article 11.01, the referring Party will list three (3) proposed arbitrators. If the responding Party does not agree to any of the parties may3 proposed arbitrators, after exhausting the grievance procedure(sit will propose three (3) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall alternate arbitrators within ten (10) working days inform after receiving the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. arbitration referral. 11.04 If the recipient of Parties cannot agree on an arbitrator within thirty (30) calendar days after the notice fails to appoint an arbitratorresponding Party received the initial arbitration referral, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by then either Party may request that the Minister of Labour appoint a sole Arbitrator pursuant to the provisions of section 48 of the Labour Relations Act, or, the Parties may continue to attempt to reach agreement on an arbitrator. 11.05 The fees and expenses of the Arbitrator will be shared equally by the Union and the University. Subject to 11.06, each Party shall bear the fees and expenses of its witnesses and of the preparation and presentation of its own case. 11.06 The Union must, with as much advance notice as possible, submit a leave request to the Director, Employee/Labour Relations for Ontario upon any bargaining unit employee whom the request of either partyUnion wishes to attend an arbitration hearing. The Arbitration Board shall grievor and Chief ▇▇▇▇▇▇▇ or designate will be paid at their regular hourly rate for time lost by them as a result of attending an arbitration hearing. 11.07 The Arbitrator has the power and authority provided for in the Labour Relations Act and to hear and determine the difference or allegation and grievance. 11.08 The Arbitrator’s decision shall issue a decision and the decision is be final and binding upon the parties Parties and upon any nurse employee affected by it. The decision of a majority is , subject to the decision of limitation that the Arbitration Board, but if there is Arbitrator shall have no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change make any provisions decision that is inconsistent with the terms of this Agreement or to substitute add to, subtract from, change, alter, modify or amend any new provision in lieu thereof, or to give any decision contrary to of the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provision(s) of this Agreement. Each . 11.09 The Arbitrator shall deal solely with the matter in dispute within the confines of this Agreement and any legislation over which the Arbitrator has the jurisdiction to interpret and apply pursuant to the Labour Relations Act. 11.10 Should the Parties disagree as to the meaning of the parties to this Agreement will pay the fees and disbursements of its appointee Arbitrator’s decision, either Party may apply to the Arbitration board and will share equally Arbitrator to clarify the fees and disbursements decision. This provision shall not be interpreted such as to prevent either Party from seeking judicial review of an arbitrator’s decision. 11.11 The time limits referred to in this Article 11 may be extended by written mutual agreement of the Chairperson. No person who participated Parties. 11.12 Nothing in this Article shall prevent the Grievance Procedure may be appointed as a nominee Union or the University from exercising its right to use Section 49 of the Board by either partyLabour Relations Act.

Arbitration. 29.01 The Party desiring arbitration shall submit a list of four (a4) If Arbitrators and shall notify the grievance is not settledother Party in writing of the name and address of the persons so nominated and particulars of the matter in dispute. 29.02 The Party receiving the notice shall within five (5) days thereafter notify the other Party of its selection, if any, from the Arbitrators submitted. 29.03 Failing agreement, the Union will notify the Employer within thirty-six two (362) calendar parties shall confer to select an Arbitrator and failing for three (3) days of the reply in Step 2 of their decision to proceed agree upon a person willing to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violatedact, either of them may apply to the parties mayHonourable Minister of Labour to appoint an Arbitrator. 29.04 The Arbitrator shall sit, after exhausting hear the grievance procedure(s) established by this AgreementParties, notify settle the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name terms of the first party's appointee question to an Arbitration Board. The recipient of the notice shall be arbitrated, and make its award within ten (10) working days inform from the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days date of the appointment of the second Chairman, provided the time may be extended by agreement of themthe Parties. 29.05 If the Arbitrator finds that an employee has been unjustly suspended, discharged, or laid- off, that employee shall be reinstated by the Company without loss of pay and with all his/her rights, benefits and privileges which he/she would have enjoyed if the suspension, discharge or layoff had not taken place, provided that if it is shown to the Arbitrator that the employee had been in receipt of wages during the period between discharge, suspension or layoff and reinstatement, the amount so received shall be deducted from wages payable by the employer pursuant to this Clause. 29.06 The Arbitrator shall have power to determine whether a particular issue is arbitrable under this Agreement. 29.07 If the award of the Arbitrator is subsequently set aside by a court of competent jurisdiction the question shall, at the request of either Party, be submitted to another Arbitrator appointed pursuant to and with all the powers provided by this Clause. 29.08 The expenses and remuneration of the Arbitrator shall be paid by the Parties in equal shares. 29.09 Without restricting the specific powers herein before mentioned, the Arbitrator shall have all the general powers of an Arbitration Board. 29.10 Upon mutual agreement, the parties may utilize a three (3) person panel of Arbitrators. In such case, each party shall appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitratordesignate within five (5) days, or if and the two appointees fail to (2) designates selected shall agree upon a Chairperson within the time limitfive (5) additional days. Failing agreement upon a Chairperson, the appointment parties shall be made by apply to the Honourable Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsas outlined in 29.03 above. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either party.

Arbitration. (a) If the 10.01 When either party requests that a grievance is not settledbe submitted to arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance request shall be deemed abandoned. (b) Where a difference arises between the parties relating in writing addressed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration this agreement and the notice shall contain the name of the first party's appointee ’s nominee to an Arbitration Boardthe Board of Arbitration. The recipient of the notice shall within ten (10) working days inform the other party of the name of thereafter designate its appointee nominee to the Arbitration BoardBoard of Arbitration. The two appointees (2) so selected, nominated shall endeavor within ten (10) working days after the appointment of the second of them to agree upon a third person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon the third person as chairman within ten (10) days after the appointment of the second one of them, then either party may request the Labour-Management Arbitration Commission for the Province of Ontario to appoint the third member of the Board of Arbitration. The said two nominees first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, appoint or prior to the appointment of the third arbitrator within the said period of ten (10) days to discuss the grievance submitted to them with a third view to mutual settlement. 10.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. 10.03 Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own arbitrator, and one half (½) the expenses and fees of the chairman. Time limits shall be strictly enforced unless the Chairperson. If parties representatives agree to extend. 10.04 The Board of Arbitration shall have authority only to settle disputes under the recipient terms of this agreement and only interpret and apply this agreement to the facts of the notice fails to appoint an arbitratorgrievance(s) involved. Only grievances arising from the interpretation, application, administration, or if the two appointees fail alleged violation of this agreement, including a question as to agree upon whether a Chairperson within the time limitmatter is arbitrable, the appointment shall be made by the Minister arbitrable. 10.05 The Board of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference have no power to alter, add to, subtract from, modify, or allegation and shall issue a amend this agreement in order to give any decision and the decision is final and binding upon the parties and upon any nurse affected by inconsistent with it. The A decision of a the majority is of the members of the Board of Arbitration shall be the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson governschairman shall govern. (c10.06 All agreements reached under the grievance and arbitration procedures between the Employer and its representatives and the Union and its representatives will be final and binding upon the Employer, the Union, and the employee(s) The Arbitration Board involved. 10.07 Any grievance involving the interpretation of application, administration, or alleged violation of this agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or against any party. 10.08 At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee or employees concerned as a witness and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any authority part of the residence to alter or change view any working conditions which may be relevant to the settlement of the grievance at a reasonable time and so as not to interfere with the function of the residence. 10.09 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon mediator for resolution. 10.10 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon Sole Arbitrator, subject the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyArticle.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties during the term of this Collective Agreement relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application application, operation, or administration alleged violation of this agreementAgreement, including any question as to whether a matter is arbitrable, the matter may be referred to an Arbitrator by either Party. 1. The right to arbitration shall not extend to any matters other than those concerning the interpretation, application, administration, or where an allegation is made that alleged violation of this Agreement has been violated, Agreement. 2. Arbitration proceedings shall be instituted by service of a written notice to arbitrate by either party upon the other. Within seven (7) days of the parties mayservice of such notice, after exhausting each party shall propose an Arbitrator to hear the grievance procedure(sissue. If agreement on the selection of an Arbitrator is not reached within fourteen (14) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient days of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selectedarbitrate, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment request shall be made by to the Minister of Labour for Ontario upon the request of either partyto appoint an Arbitrator. 3. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board Arbitrator shall not have any authority power to alter or change any of the provisions of this Agreement Agreement, or to substitute new provisions for any new provision in lieu existing provisions thereof, or to give any and in reaching its decision contrary to he/she shall be bound by the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. 4. Each The Arbitrator shall, before the hearing, require the representatives of the parties to appear before him/her to define the questions of interpretation or alleged violation to be arbitrated and to establish the procedure to be followed at the hearing. All steps in connection with the arbitration shall be taken as expeditiously as possible. 5. The Arbitrator shall complete his/her sittings and hand down his/her decision within thirty (30) days of his/her appointment, unless this Agreement will time limit is extended by the mutual consent of the Union and the Company. 6. Each party shall pay one-half (1/2) the fees and disbursements expenses of the Arbitrator and any clerk or stenographer whom the Board of Arbitration may require, as well as the full costs of its appointee own witnesses. 7. If the Union submits a disciplinary case to arbitration, the Arbitration board and will share equally Arbitrator shall have the fees and disbursements authority to substitute a lesser penalty if, in the Arbitrator’s opinion, the Company’s discipline was too severe. 8. The decision of the ChairpersonArbitrator shall be final and binding on the parties. No person who participated Should a matter not be resolved and an Arbitrator be required to resolve the issue, upon mutual agreement the parties may use the Expedited Arbitration Procedure as outlined in Section 104 and 105 of the Grievance Procedure may be appointed as a nominee to the Board by either partycurrent British Columbia Labour Relations Code.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 13.01 Where a difference arises between the parties relating to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretationinterpre- tation, application application, administration or administration alleged violation of this agreement, Agreement and including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, may within fourteen (14) calendar days after exhausting the grievance procedure(s) established by this Agreement, procedure notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the notice shall contain the name of the first party's appointee person appointed to be an arbitrator by the party giving notice. Notice in accordance with Clause 13.01 shall be sent to the Collective Bargaining Division as well as the applicable Department. 13.02 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board, in which event, the foregoing provisions of this Article shall apply equally to a single arbitrator when reference is made to an Arbitration Boardarbitration board. Furthermore, the parties shall endeavour to utilize a sole arbitrator for the majority of arbitration hearings and reserve the use of arbitration boards for case where a party feels it is absolutely necessary. 13.03 The recipient of the party to whom notice shall is given under Clause 13.01 shall, within ten (10) working calendar days inform after receipt of such notice, appoint an arbitrator and notify the other party of the name of its appointee to the Arbitration Board. arbitrator. 13.04 The two appointees so selected(2) arbitrators appointed in accordance with Clauses 13.01 and 13.02 shall, shall within ten fourteen (1014) working calendar days of after the appointment of the second of them, appoint a third person who arbitrator and these three (3) arbitrators shall constitute an arbitration board. The arbitrator appointed under this Clause shall be the Chairperson. If the recipient Chairperson of the arbitration board. 13.05 If, (i) the party to whom notice is given under Clause 13.01 fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson arbitrator within the time limitperiod specified in Clause 13.02, the appointment shall be made by Chairman of the Minister of Labour for Ontario upon Relations Board shall, on the request of either party, appoint an arbitrator on behalf of the party who failed to make the appointment and such arbitrator shall be deemed to be appointed by that party; or (ii) the two (2) arbitrators appointed by the parties under Clauses 13.01 and 13.02 fail to appoint a third arbitrator within the periods specified in Clause 13.03, the Chairman of the Labour Relations Board shall, on the request of either party, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The Arbitration Board arbitrator appointed under this paragraph (ii) shall hear be chairman of the arbitration board. 13.06 Grievances that have been referred to arbitration that involve a dismissal shall be scheduled for arbitration within six (6) months of referral. 13.07 Both parties to a grievance shall be afforded the opportunity of presenting evidence and determine argument thereon and may employ counsel or any other person for this purpose. 13.08 If a party fails to attend or be represented without good cause at an arbitration hearing, the difference arbitration board may proceed as if the party had been present or allegation and represented. 13.09 The arbitration board shall issue a render its decision and on the grievance in writing within twenty-five (25) days of the date on which the board is fully constituted. 13.10 The decision of the majority of the members of an arbitration board shall be the decision is final and binding upon of the parties and upon any nurse affected by itboard. The decision of a majority is an arbitration board shall be signed by the decision members of the Arbitration BoardBoard making the majority report. 13.11 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an arbitration board appointed in accordance with these provisions and do or, but if there is no majority as the decision case may be, abstain from doing anything required by that decision. 13.12 Each party required by this Agreement to appoint an arbitrator shall pay the remuneration and expenses of that arbitrator deemed to have been appointed by that party under Clause 13.04 and the parties shall pay equally the remuneration and expenses of the Chairperson governschairperson of the arbitration board. (c13.13 The time limits set out in this Article may be extended, in writing, at any time by mutual agreement of both parties to the arbitration. 13.14 At any stage of the grievance or arbitration procedure, the parties shall have the assistance of any employee(s) The Arbitration Board concerned as witnesses and any other witness. 13.15 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an arbitration board shall not have suffer any authority to alter loss in pay while participating in the arbitration proceedings. 13.16 An arbitration board may not alter, modify or change amend any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay but shall have the fees power to dispose of a grievance by any arrangement which it deems just and disbursements equitable. 13.17 The parties may mutually agree to utilize alternative methods of its appointee dispute resolution to the Arbitration board resolve grievances that have been referred to arbitration and will share equally the fees and disbursements are encouraged to do so. Sample terms of the Chairperson. No person who participated reference of several ADR processes are contained in the Grievance Procedure may be appointed as a nominee to the Board by either party.Schedule P.

Arbitration. (a) If 7.01 Both parties agree that any grievance which has proceeded through the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days Grievance Procedure outlined in Article 6 of the reply in Step 2 of their decision to proceed Agreement and has not been settled may be referred to Arbitration. If notice is not received within thirty-six (36) calendar days, The Union and the grievance Company may mutually agree to which form of arbitration that shall be deemed abandonedused; Single Arbitrator or a Board of Arbitration with the default being a Single Arbitrator. Such requests must be submitted within thirty (30) regular working days following the decision rendered in Step 3 of the Grievance Procedure. The Company and the Union agree to equally share the expenses associated with a single arbitrator. (b) Where 7.02 The Board of Arbitration will be composed of one person appointed by the Company, one person appointed by the Union and a difference arises between third party to act as Chairperson, chosen by the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either two other members of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of Union and the notice shall Company will appoint its Board Member within ten (10) regular working days inform from the notice of Arbitration and will give notice of such appointment to the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsforthwith. (ca) The Board of Arbitration Board shall not have any authority the power to alter alter, change or change any provisions of add to this Agreement or to substitute any new provision in lieu thereofprovisions for any existing provisions, or nor to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. . (b) At the request of the Chairperson of the Board of Arbitration, the parties will make available witnesses to give oral or written evidence which in the Chairpersons opinion is relevant and necessary for the determination of the matters at issue. (c) Notwithstanding the provisions of 7.03 (a), the Board of Arbitration shall have the authority to uphold, modify or set aside any discharge, suspension or other disciplinary measure. 7.04 The decision of the majority shall be the decision of the Board and shall be binding on both parties. 7.05 Each of the parties to this Agreement will pay shall bear the fees and disbursements expense of its appointee to the Arbitration board Board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated in the Grievance Procedure Chairman. 7.06 Time limits may be appointed as a nominee to extended by mutual written agreement of the Board by either partyparties.

Arbitration. (a) 9.01 If the Hospital or Union requests that a grievance is not settledbe submitted to arbitration, as hereinbefore provided, it shall make such request in writing addressed to the Union will notify other party to this agreement, and at the Employer within thirty-six same time name a nominee. Within ten (3610) calendar days thereafter the other party names a nominee, provided, however that if such party fails to name a nominee as herein required, the Office of Arbitration of the reply in Step 2 Ministry of their decision Labour of the Province of Ontario shall have power to proceed effect such appointment upon application hereto by the party invoking the arbitration procedure. The two nominees shall attempt to Arbitrationselect by agreement a chairman of the Arbitration Board. If notice is not received they are unable to agree upon such a chairman within thirty-six a period of fourteen (3614) calendar days, they shall then request the Office of Arbitration of the Ministry of Labour of the Province of Ontario to appoint a chairman. 9.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 9.03 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance shall be deemed abandonedprocedure. (b) Where a difference arises between 9.04 The Board of Arbitration shall not have any power to amend, alter, modify or add to any of the provisions of this agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of the agreement. 9.05 The proceedings of the Arbitration Board will be expedited by the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision hereto and the decision of the majority and where there is no majority, the decision of the chairman will be final and binding upon the parties hereto and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsemployee or employees concerned. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. 9.06 Each of the parties to this Agreement hereto will pay bear the fees expenses of the nominee appointed by it and disbursements of its appointee to the Arbitration board and parties will share equally the fees and disbursements expenses, if any, of the Chairperson. No person who participated chairman of the Arbitration Board. 9.07 The time limits set out in both the grievance and arbitration procedures herein are mandatory and failure to comply strictly with such limits except by the written agreement of the parties, shall result in the Grievance Procedure may be appointed as a nominee grievance being deemed to have been abandoned subject only to the Board by either partyprovisions of Section 49 of The Labour Relations Act. Such time limits shall exclude Saturdays, Sundays and paid holidays. 9.08 As an alternative to the above provision if the Hospital or Union requests that a grievance be submitted to arbitration the parties may mutually agree to a sole arbitrator. The parties agree to share equally the fees and expenses related to the sole arbitrator.

Arbitration. (a) 20.01 If the grievance is not settledUnion wishes to refer a matter to arbitration, it shall within thirty (30) working days from the Union will notify date of the Step Two decision, make such request in writing addressed to the Associate Vice-President of Human Resources & Organizational Development. If the Employer wishes to refer a matter to arbitration, it shall within thirty-six thirty (3630) calendar working days from the date of the reply Step Two decision, make such request in Step 2 writing addressed to the President of their decision the Union. 20.02 The parties agree to proceed to Arbitrationthe use of a sole Arbitrator. If notice is the parties to this agreement cannot received agree on the Arbitrator within thirty-six fifteen (3615) calendar working days, the grievance shall Minister of Post Secondary Education, Training and Labour of the Province of New Brunswick will be deemed abandonedasked to appoint one. 20.03 The Arbitrator shall hear and determine the difference or allegation (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision. The decision and the decision is shall be final and binding upon the parties and upon any nurse employee affected by it. 20.04 The Arbitrator shall have all the powers vested in him or her by the New Brunswick Industrial Relations Act and by the Collective Agreement, including, in the case of discipline or discharge, the power to substitute for the discipline or discharge such other penalties that the Arbitrator feels just and reasonable in the circumstances. The decision of a majority is Arbitrator shall not change, modify or alter the decision terms of the Arbitration Board, but if there is no majority the decision of the Chairperson governsCollective Agreement. (c) The Arbitration Board shall not have any authority 20.05 No person may be appointed as an Arbitrator who has been involved in an attempt to alter negotiate or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to settle the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. grievance. 20.06 Each of the parties will equally bear the expense of the Arbitrator. 20.07 At any stage of the grievance procedure, including arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to this Agreement will pay permit the fees and disbursements of its appointee conferring parties to have access to the Arbitration board Employer’s premises to view disputed operations and will share equally to confer with the fees necessary witnesses. 20.08 Any and disbursements all time limits fixed by this section may be extended by mutual agreement, in writing, between the Employer and the Union. Should a grievance not be referred to arbitration within the time limits, it shall be deemed to have been abandoned. 20.09 Should the parties disagree as to the meaning of the Chairperson. No person who participated in Arbitrator’s decision, either party may within fifteen (15) working days after the Grievance Procedure may be appointed as a nominee decision is received, apply to the Board by either partyArbitrator to clarify the decision.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where 9.01 When a difference arises between the parties relating to from the interpretation, application application, administration or administration alleged violation of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties maymay within ten (10) working days, after exhausting the any grievance procedure(s) procedure established by this Agreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. . 9.02 The recipient of the notice shall within ten five (105) working days inform the other party either that it accepts the other party's appointee as a single arbitrator or inform the other party of the name of its appointee to the Arbitration Board. The . 9.03 Where two appointees are so selected, shall they shall, within ten twenty (1020) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. chairperson. 9.04 If the recipient of the notice fails to appoint an arbitrator, arbitrator or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister Ministry of Labour for Ontario upon the request of either party. . 9.05 A single arbitrator will only be appointed by the mutual agreement of both parties. 9.06 The Arbitration Board single arbitrator or the arbitration board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision and the thereafter. That decision is final and binding upon the parties and upon any nurse employee or employer affected by it. . 9.07 The decision of a majority is the decision of the Arbitration Boardarbitration board, but but, if there is no majority majority, the decision of the Chairperson chairperson governs. (c) 9.08 The Arbitration Board arbitrator or arbitration board, as the case may be, shall not have any authority to alter by his or change any its decision add to, delete from, modify or otherwise amend the provisions of this Agreement agreement. 9.09 Any notice required under this Article shall be in writing by registered mail or to substitute any new provision in lieu thereof, or to give any decision contrary personal delivery to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision parties at their respective mailing address. 9.10 Each party may be represented at the arbitration by a representative of this Agreement. its choice. 9.11 Each of the parties to this Agreement will pay shall bear the fees and disbursements expenses of its appointee nominee to the Arbitration board Board and will shall jointly share equally the fees and disbursements expenses of the Chairperson. . 9.12 Time limits specified in this Article are mandatory and not simply directory, and may only be amended by written, mutual agreement of both parties. 9.13 The term "working days" when used in this Article shall mean Monday to Friday inclusive in accordance with the St. ▇▇▇▇▇▇▇ calendar, but excluding school holidays as defined by the Ministry of Education and Training. 9.14 Notwithstanding the procedure above, the Union may request access to expedited Arbitration under Section 49 of the Ontario Labour Relations Act, 1995. 9.15 No person who participated in the Grievance Procedure may shall be appointed as an Arbitrator or member of a nominee Board of Arbitration who has been involved in the negotiations of this Collective Agreement or in attempts to settle the Board by either partygrievance.

Arbitration. (a) 12:01 If the grievance is not settledsettled at Step Three, the Union will either party may notify the Employer other within thirty-six a further period of five (365) calendar working days of after receiving the written reply in Step 2 of their decision that it intends to proceed to Arbitrationarbitration. If The notice is not received within thirty-six (36) calendar daysof intention to proceed to arbitration shall contain the details of the grievance, a statement of the grievance shall be deemed abandonedmatter in dispute, a statement of the actual remedy sought by the party from an arbitration board, and the name and address of the party’s nominee to the proposed arbitration board. (b) Where a difference arises between 12:02 The party who receives the parties relating notice of intention to the interpretation, application or administration of this agreement, including any question as proceed to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, arbitration shall then notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name and address of the first party's appointee ’s nominee to an Arbitration Board. The recipient of the notice shall proposed arbitration board within ten (10) working days inform after receiving the other party of the name of its appointee to the Arbitration Board. notice. 12:03 The two appointees so selected(2) nominees appointed shall attempt to select a Chair for the board, shall but if they are unable to agree upon the selection within a period of ten (10) working days of after the appointment of the second of themnominee, appoint a third person who shall be the Chairperson. If the recipient either of the notice fails nominees shall then have the right to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by request the Minister of Labour to appoint a Chair for Ontario upon the request arbitration board. 12:04 Each party shall bear the expenses of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision its own nominee to an arbitration board and the decision is final parties shall jointly and binding upon equally bear the parties fees and upon any nurse affected by it. The decision of a majority is the decision expenses of the Arbitration Board, but if there is no majority the decision Chair. 12:05 No grievance may be submitted to a board of arbitration or be dealt with by a board unless it has been properly carried through all of the Chairperson governsrequired steps of the grievance and arbitration procedures. (c) The Arbitration Board 12:06 In the event a board of arbitration properly deals with a matter relating to discharge or other disciplinary action, then the board has the authority to reinstate an employee, with or without compensation for wages lost, or to make any other award it may deem just in the event that there has been a violation of this Agreement by the Employer. 12:07 Any board of arbitration shall not have any authority to alter or change make any provisions decision which is inconsistent with the terms of this Agreement or Agreement, nor to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds add to or detracts from amend any provision of the terms of this Agreement. Each The jurisdiction of the arbitration board shall be strictly confined to dealing with the issues in dispute between the parties and the type of relief sought as outlined in the notice of intention to this Agreement will pay the fees and disbursements of its appointee proceed to the Arbitration board and will share equally the fees and disbursements arbitration. 12:08 The decision of the Chairpersonboard of arbitration shall be final and binding upon the parties. No person who participated in The decision shall be unanimous or one reached by a majority of the Grievance Procedure may be appointed as a nominee to members of the Board by either partyboard; provided, however, that if there is no majority decision of the board, then the decision of the Chair shall constitute the final and binding decision of the board.

Arbitration. Section 8.1. If a party to this Agreement desires to take a grievance to arbitration, it shall within fifteen (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (3615) calendar days after the denial of the reply in Step 2 grievance, give written notice of their decision his intention to proceed the other party, together with a written statement of the specific provision or provisions of this Agreement at issue. Section 8.2. The parties shall attempt to Arbitrationselect an impartial arbitrator. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail they are unable to agree upon a Chairperson choice within seven (7) calendar days after the time limitreceipt of Notice of Intent to Arbitrate, either party may request the appointment Federal Mediation and Conciliation Service to submit a list of five (5) arbitrators, from which the arbitrator will be selected. Selection shall be made by the Minister of Labour for Ontario upon parties alternately striking any name from the request of either partylist (the first to strike shall be the party requesting arbitration) until only one (1) name remains. The Arbitration Board final name remaining shall hear and determine be the difference or allegation and shall issue a decision and arbitrator of the decision is final and binding upon the parties and upon any nurse affected by itgrievance. Section 8.3. The decision of a majority is jurisdiction and the decision of the Arbitration Board, but if there is no majority the decision arbitrator of the Chairperson governs. (c) The Arbitration Board grievance shall not have any authority be confined to alter a determination of the acts and the interpretation or change any application of the specific provision or provisions of this Agreement or at issue. The Arbitrator shall be bound by terms and provisions of this Agreement and shall have the authority to substitute any new provision in lieu thereofconsider only grievances representing solely an arbitration issue under this Agreement. The arbitrator shall have no authority to add to, alter, amend, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from modify any provision of this Agreement. Each The decision of the parties to arbitrator in writing on any issue properly before the arbitrator in accordance with the provisions of this Agreement will pay Agreement, shall be final and binding on the fees aggrieved employee or employees, the Union, and disbursements the Employer. Section 8.4. Multiple grievances shall not be heard before one arbitrator at the same hearing except by mutual agreement of the parties. Section 8.5. The Union and the Employer shall each bear its appointee to the Arbitration board and will own costs in these arbitration proceedings, except that they shall share equally the fees fee and disbursements other expenses of the Chairpersonarbitrator in connection with the grievance. Section 8.6. No person who participated in The Grievance Committee of the Union shall have the sole authority to determine whether or not the employee's grievance is qualified to be submitted to arbitration by the Union. The decision of the Grievance Procedure may Committee shall be appointed as a nominee to made at its first meeting after the Board by either partyCompany's Step 3 answer, and the Union will promptly inform the Company of its decision.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 10.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by subject to Article 9 of this Agreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration. The notice shall be delivered to the party desiring to submit the difference or allegation to arbitration and by the other party within five (5) days after the date of receipt of the written decision as provided in Article 9.02 (Step 2), Article 9.04, Article 9.06 or Article 9.07 of this Agreement, as the case may be. The notice shall contain the name of the first party's ’s appointee to an Arbitration Board. The recipient of the notice shall within ten five (105) working days inform the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selectedshall, shall within ten fifteen (1015) working days of the appointment of the second of them, appoint a third person who shall be the ChairpersonChairman. If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairperson Chairman within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse employee or employees affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson Chairman governs. (c) 10.02 The Arbitration Board shall not have any the authority to alter alter, add to, subtract from, modify or change amend any of the provisions of this Agreement or to substitute any new provision in lieu thereof, provisions for any existing provisions or to give make any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. Subject to the foregoing, the Arbitration Board shall have the power to make such decision as it may in the circumstances deem just and equitable. 10.03 Each of the parties to this Agreement will pay party shall bear the fees and disbursements expenses of its appointee to the Arbitration board Board and will share equally the fees and disbursements expenses of the Chairperson. Chairman shall be shared equally by both parties. 10.04 No person who participated in the Grievance Procedure may be appointed as a nominee an arbitrator who has been involved in an attempt to negotiate or settle the Board by either partygrievance. 10.05 No matter may be submitted to arbitration which has not been properly carried through all steps of the Grievance Procedure prescribed in Article 10 of this Agreement.

Arbitration. 13.3.1 In the event that a dispute proceeds to arbitration, the Union and the Employer shall make a good faith effort to agree on an arbitrator. In the event The Union and the Employer are unable to agree, and not later than seven (7) calendar days from receipt of the first request for arbitration, the Union and the Employer shall select the list of arbitrators as follows: (a) If the grievance is not settled, The Federal Mediation and Conciliation Service (FMCS) shall submit a list of seven (7) arbitrators to the Union will notify and to the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandonedEmployer. (b) Where a difference arises between Within fourteen (14) calendar days after receipt of the arbitration panel, the parties relating shall meet to select and place in numerical order the interpretation, application or administration arbitrators through the process of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established elimination by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsalternately striking names. (c) The Arbitration Board party to strike first shall not have be selected by a toss of the coin. 13.3.2 The jurisdiction of the impartial arbitrator is limited to: (1) Adjudication of the issues which under the express terms of this Agreement or the Employee Handbook, and the submission agreement setting forth the issue or issues to be arbitrated, which shall be entered into between the parties hereto; (2) Interpretation of the specific terms of this Agreement and/or the Employee Handbook which are applicable to the particular issue presented to the arbitrator; (3) The rendition of a decision or award which in no way modifies, adds to, subtracts from, changes or amends any authority to alter term or change condition of this Agreement or the Employee Handbook and/or which is in conflict with any of the provisions of this Agreement and/or the Employee Handbook; and (4) The rendition of a decision or to substitute any new provision in lieu thereof, or to give any decision contrary award based solely on the evidence and arguments presented to the express intent arbitrator by the respective parties. (5) The rendition of a decision involving the administration or terms interpretation of insurance plans or contracts, including pension plans; and conditions in lieu thereof or those issues related to give any decision, which adds to or detracts from any provision of this Agreement. Each interpretation of the parties health and dental plan rules for eligibility, cost to employees, the Union and the Employer. The arbitrator shall not have jurisdiction over internal rules of the insurance plan itself which are outside the Employer’s control. 13.3.3 The arbitrator will render a decision within thirty (30) calendar days after the hearing. The decision shall be final and binding upon the Employer, the Union and the employees affected, provided that this does not preclude any party to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements from seeking judicial review as provided by law. The costs of the Chairperson. No person who participated in arbitration shall be borne by the Grievance Procedure may be appointed as a nominee to the Board by either losing party.

Arbitration. (a) If the 12.1 When either Party requests that a grievance is not settledbe submitted to Arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance request shall be deemed abandoned. (b) Where a difference arises between the parties relating in writing addressed to the interpretation, application or administration of this agreement, including any question as other Party to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee ’s nominee to an Arbitration Boardthe Board of Arbitration. The recipient of the notice shall shall, within ten (10) working days inform the other party of the name of thereafter, designate its appointee Nominee to the Arbitration BoardBoard of Arbitration. The two appointees so selectednominated, shall endeavour within ten (10) working days after the appointment of the second of them to agree upon a third person to act as Chairperson of the Board of Arbitration. If the Nominees are unable to agree upon the third person as Chairperson within ten (10) days after the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by then either Party may request the Minister of Labour to appoint the third member and Chairperson of the Board of Arbitration. Notices of desire to arbitrate a dispute and nomination of an arbitrator shall be served personally, by registered mail, or by facsimile. If served by registered mail, the date of mailing shall be deemed to be the date of service. 12.2 Each of the Parties shall pay its own expenses including pay for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision witnesses and the expenses of its own Nominee and one half (1/2) of the expenses and fees of the Chairperson. 12.3 No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the particular grievance concerned. 12.4 The Board of Arbitration shall have authority only to settle disputes under the terms of this Agreement and only to interpret and apply this Agreement to the facts of the grievance(s) involved. Only grievances arising from the interpretation, application, administration, or alleged violation of this Agreement including a question as to whether a matter is arbitrable shall be arbitrable. 12.5 The Board of Arbitration shall have no power to alter, add to, subtract from, modify or amend this Agreement in order to give any decision that is final and binding upon the parties and upon any nurse affected by inconsistent with it. The decision of a the majority is of the members of the Board of Arbitration shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsshall govern. (c) 12.6 The Arbitration Board shall not have any authority Parties may agree to alter or change any the use of a sole arbitrator and the provisions of this Agreement or to substitute Article shall then apply with any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyappropriate revisions.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days 7.01 Failing a settlement of the reply dispute at Step II and in accordance with Step 2 of their decision III either party may refer the unresolved dispute to proceed arbitration by registered mail addressed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain accordance with 6.09 stating: (1) the name of the first party's their appointee to an the Arbitration Board. The recipient ; (2) a copy of the notice shall within ten completed grievance form indicating the nature of relief or remedy sought; (103) working days inform article(s) violated. Within a further fifteen (15) day period the other party of shall respond by registered mail indicating the name and address of its their appointee to the Arbitration Board. The two appointees so selected, parties shall within ten select an impartial chairperson. (10a) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of party receiving the notice fails to appoint an arbitrator, or if the two appointees (2) parties fail to agree upon a Chairperson within the time limitfifteen (15) days, the appointment shall be made by the appropriate Minister of Labour for Ontario the Crown upon the request of either party. (b) Following the appointment of the Arbitrator/Arbitration Board referred to in 7.02(a) the date for the hearing will be set within six (6) months from the date the Arbitration Board was appointed with the grievance to be concluded within twelve (12) months from the date the Arbitration Board was appointed. (c) In setting the dates for the Arbitration hearing the Arbitrator/Arbitration Board will allow the parties at least four (4) weeks preparation time. (d) All actions that impact on time limits referred to in Clause 7.02 will be confirmed in writing and the time limits will be operative from the date of the applicable correspondence and may only be changed by mutual agreement. Subject to the above, the time limits referred to in this clause shall be mandatory for both parties and failure to follow time limits by either party will result in either dismissal of the grievance by the Association or consenting to the grievance by the Employer. 7.03 The Arbitration Board shall hear render its decision on the grievance as soon as possible after the date on which the Board is fully constituted and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board shall be committed to writing and submitted to the parties concerned within a further thirty (30) days. 7.04 The decision of the majority shall be the decision of the Board, but if . Where there is no majority decision, the decision of the Chairperson governs. (c) shall be the decision of the Board. The decision of the Board of Arbitration shall be final, binding and enforceable on all parties, and may not be changed except by an order of the Court. The Board of Arbitration shall not have any authority the power to alter or change any provisions of this Agreement or to substitute alter, modify or amend any new provision in lieu thereofof its provisions. However, or the Board shall have the power to give dispose of a grievance by any decision contrary arrangement which it deems just and equitable. 7.05 Should the parties disagree as to the express intent or terms and conditions in lieu thereof or meaning of the Board’s decision, either party may apply to give any the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which adds it shall do within fifteen (15) days. 7.06 The fees and expenses of the arbitrator shall be divided equally between the Employer and the Association 7.07 Time limits fixed in both the grievance and arbitration procedure are mandatory and may only be extended in writing by mutual agreement between the parties. 7.08 At any stage of the Grievance and Arbitration Procedure the parties shall have the assistance of any employee(s) concerned as witnesses. The Employer shall receive written notice of request for time off for any witness who is required for such assistance at least forty-eight (48) hours prior to or detracts from the day of the hearing. 7.09 Notwithstanding any provision other provisions of this Agreement. Each of Article, the parties to this Agreement will pay the fees and disbursements of its appointee may mutually agree to the Arbitration board and will share substitution of a single arbitrator for an arbitration board. In which event, the provisions of this Article shall apply equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as to a nominee single arbitrator when reference is made to the Board by either partyan arbitration board.

Arbitration. (a) If 19.01 In case of any dispute or grievance arising that cannot be settled informally by the grievance is not settledJoint Conference Board, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, then either of the parties mayto the dispute or grievance will be at liberty to refer the dispute or grievance to an Arbitration Board in the manner hereinafter provided for: a) The party desiring arbitration shall appoint a member for the Board, after exhausting the grievance procedure(s) established by this Agreement, and shall notify the other party in writing of its desire to submit appointment and particulars of the differences or allegation to arbitration and matter in dispute. b) The party receiving the notice shall contain shall, within five (5) days thereafter, appoint a member for the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform Board and notify the other party of the name of its appointee to the Arbitration Board. appointment. c) The two appointees (2) arbitrators so selected, appointed shall within ten confer to select a third person to be Chairman and failing for three (103) working days of from the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail them to agree upon a Chairperson within the time limitperson willing to act, the appointment shall be made by either of them may apply to the Minister of Labour for Ontario upon the request of either party. to appoint such third member. d) The Arbitration Board shall hear sit to settle the terms of the question to be arbitrated and determine make its award within ten (10) days from the difference or allegation date of appointment of the Chairman, provided that the time may be extended by agreement of the parties. e) The Board shall deliver its award in writing to each of the parties and the award of the majority of the Board shall be the award of the Board and shall issue a decision and the decision is be final and binding upon the parties parties; and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsthey shall implement it forthwith. (c) The Arbitration Board 19.02 Each party shall not have any authority to alter or change any provisions pay its own expenses and costs of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to arbitration; the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees remuneration and disbursements of its appointee to the Arbitration board Board and will share equally one-half (1/2) the fees compensation and disbursements expenses of the Chairperson. No person who participated Chairman and of stenographic and other expenses of the Arbitration Board. 19.03 It is understood by the parties entering into this Agreement that they exclude the operation of Section 96, Sub-Section (1) of the Industrial Relations Act of British Columbia unless agreed to by the Joint Conference Board, except in the Grievance Procedure may be appointed as a nominee to the Board by either partycases of fund contribution delinquencies or non-payment of funds.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 10.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties party may, after exhausting the any grievance procedure(s) procedure established by this Agreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the arbitration. The notice shall contain the name of the first party's appointee to an Arbitration BoardBoard and shall be delivered to the other party within ten (10) working days of the reply under Step III. The recipient of the notice party shall within ten (10) working days inform days, advise the other party of the name of its appointee to the Arbitration Board. . 10.02 The two (2) appointees so selectedselected shall, shall within ten fifteen (1015) working days of the appointment of the second of themthem or at a time mutually agreed upon, appoint a third person who shall be the ChairpersonChair. If the recipient of the notice party fails to appoint an arbitratorArbitrator, or of if the two appointees fail to agree upon a Chairperson Chair, within the time limit, the appointment shall be made by the Minister Office of the Adjudication, Ministry of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is shall be final and binding upon the parties and upon any nurse employee affected by it. The decision of a majority is shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governsChair shall govern. (c) The Arbitration Board shall not have any authority 10.03 No person may be appointed as an Arbitrator who has been involved in an attempt to alter negotiate or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to settle the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. grievance. 10.04 Each of the parties to this Agreement hereto will pay bear the fees expenses of an Arbitrator appointed by it and disbursements the parties will jointly share the expenses of its appointee to the Chair of the Arbitration board and will share equally Board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the fees and disbursements provisions of the Chairperson. No person who participated Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 Either party may request the services of a sole Arbitrator and if the parties agree, the case shall be heard by the sole Arbitrator, however, all other conditions as set forth in the Grievance Procedure may be appointed as a nominee to the Board by either partythis Article will prevail.

Arbitration. (a) If 10.01 Either party may, failing settlement under the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a Grievance Procedure regarding any difference arises between the parties relating to arising from the interpretation, application application, administration or administration violation of this agreementCollective Agreement, including any question as to whether a matter is arbitrable, submit such grievance to arbitration as follows: a) If either party requests that a grievance be submitted to arbitration, within the time limits outlined above, the request shall be made by registered mail or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify personal service addressed to the other party in writing to the Collective Agreement outlining its choices of its desire three (3) arbitrators to submit serve as a sole Arbitrator. b) Within seven (7) working days thereafter, the differences other party shall answer by registered mail or allegation personal service indicating acceptance to arbitration and the notice shall contain the name one of the first party's appointee three (3) arbitrators proposed by the other party or they shall submit their three (3) alternate choices for a sole Arbitrator. c) If the parties cannot agree as to an Arbitration Board. The recipient a sole Arbitrator within twenty (20) days of the notice shall within ten (10) working days inform referring the other party of the name of its appointee matter to arbitration, application may be made to the Arbitration Board. The two appointees so selected, shall within ten (10) working days Ministry of the appointment of the second of them, appoint a third person Labour who shall be the Chairperson. If the recipient of the notice fails requested to appoint an arbitrator, or if . 10.02 Each of the two appointees fail to agree upon a Chairperson within the time limit, the appointment parties shall be made by responsible for the Minister fees and expenses of Labour for Ontario upon the request of either partyits own witnesses and counsel. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision Employer and the Union shall share equally the fees and expenses of the sole Arbitrator. 10.03 The decision is of the Arbitrator shall be final and binding upon the parties Employer, the Union and upon any nurse affected by it. The decision of a majority is the decision of employees in the Arbitration Board, but if there is no majority the decision of the Chairperson governsbargaining unit. (c) 10.04 The Arbitration Board Arbitrator shall not have any authority power to alter or change any of the provisions of this Collective Agreement or to substitute any new provision in lieu thereofprovisions for any existing provisions, or to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Collective Agreement. Each of the . 10.05 The parties to this Collective Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements may, by mutual consent in writing, extend any of the Chairperson. No person who participated time limits set out in the Grievance Procedure and Arbitration procedures. 10.06 No matter may be appointed as a nominee submitted to arbitration that has not been properly carried through all previous steps in the Board by either partygrievance procedure.

Arbitration. (a) If 10.01 Should any grievance fail to be satisfactorily settled under the grievance is not settledforegoing procedure, the Union will may, within fifteen (15) calendar days following receipt of the answer from the Manager, notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation grievance to arbitration arbitration. The Union and the Employer may agree upon a single arbitrator to hear the matter and for this purpose will exchange nominations. 10.02 An Arbitrator, selected jointly by the parties, will be named within fifteen (15) calendar days of receipt of notice of intent to arbitrate or such longer periods as agreed by the parties. If the parties are unable to agree on the choice of Arbitrator either party may request the Minister of Labour to name the Arbitrator. 10.03 The decision of the arbitrator shall contain be final and binding upon the Employer and the Union and the employees involved. 10.04 The Arbitrator’s award shall be stated in writing and furnished to the Employer and the Union. The Arbitrator shall have no jurisdiction to alter, modify, amend or make any decision inconsistent with the terms of this Agreement. 10.05 All employees who are required as witnesses shall be given time off without pay while testifying at an arbitration hearing pursuant to this agreement, subject to the Employer’s operational requirements. Consent for such time off will not be unreasonably withheld. The expenses of witnesses and representatives for either party shall be borne by that party. 10.06 The compensation of the Arbitrator and expenses incurred by him/her shall be borne equally by the Employer and the Union. In the case of a Board of Arbitration the Employer and the Union shall each be responsible for the fees and expenses of its own nominee and one-half of the fees and expenses of the Chair. 10.07 The Employer and the Union may, by mutual consent, submit any matter under this Article to a Board of Arbitration for determination in accordance with the following: (a) The parties will advise each other of the name of its nominee to the first party's appointee to an Arbitration Board. The recipient of the notice shall Board within ten (10) working calendar days inform the other party following receipt of the name of its appointee to answer from the Arbitration Board. Manager. (b) The two appointees so selectedselected shall, shall within ten five (105) working calendar days of the appointment of the second of themtheir appointment, appoint a third person who shall be the Chairperson. If no agreement can be reached on the recipient appointment of the notice fails to appoint an arbitratorChair, either or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by both parties may request the Minister of Labour for Ontario upon the request of either party. to appoint a Chair. (c) The Arbitration Board shall hear and determine the difference or allegation grievance and shall issue a decision and the decision is shall be final and binding upon the parties and upon any nurse employee affected by it. The decision of a the majority is shall be the decision of the Arbitration BoardBoard but, but if there is no majority majority, the decision of the Chairperson governsChair shall govern. The decision shall be discussed by the Arbitration Board with all members of the board present before it is rendered to the parties involved. (c) The Arbitration Board 10.08 Place of Hearing Arbitrations shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereofbe heard at Regina, Saskatchewan, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure at such other places as may be appointed as a nominee to agreed upon by the Board by either partyUnion and the Employer.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either 14.1 Either of the parties may, within 10 working days after exhausting the grievance procedure(s) established by this Agreementprocedure under Article 13 has been exhausted, notify the other party in writing of its desire to submit the differences or allegation grievance to arbitration. The notice referring a grievance to arbitration and the notice shall contain confirm the name of the first party's appointee to an Arbitration Boardarbitration board. The recipient of the notice shall shall, within ten (10) 5 working days days, inform the other party of the name of its appointee to the Arbitration Boardarbitration board. The two 2 appointees so selectedselected shall, shall within ten (10) 5 working days of the appointment of the second of them, appoint a third person who shall be the Chairpersonchairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two 2 appointees fail to agree upon a Chairperson chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board arbitration board shall hear and determine the difference or allegation grievance and shall issue a decision and the that decision is final and binding upon the parties and upon any nurse employee affected by it. The decision of a majority is the decision of the Arbitration Boardarbitration board, but but, if there is no majority majority, the decision of the Chairperson governschairperson is the decision of the arbitration board. Notwithstanding the foregoing, the parties may select 1 person as an arbitrator to whom any such grievance may be submitted for arbitration and such person shall have the same powers and be subject to the same restrictions as a board of arbitration appointed under this agreement. (c) 14.2 The Arbitration Board arbitration board shall not have any no authority to add to, subtract from, change, alter or change ignore in any way the provisions of this Agreement agreement or any expressly written amendment or supplement thereto or to substitute any new provision in lieu thereofextend its duration, or to make an award which has such effect unless the parties have expressly agreed, in writing, to give it specific authority to do so. 14.3 Where the grievance concerns discharge, suspension or disciplinary action, the board has the authority to reinstate an employee with or without compensation for wages and any decision contrary other benefits lost, or to make any other award it may deem just and reasonable which is consistent with the terms of this agreement. 14.4 Each party shall bear the expenses of its representatives, participants and witnesses and of the preparation and presentation of its own case. The fees and expenses of the chairperson, the hearing room and any other expenses incidental to the express intent or terms and conditions arbitration hearing shall be borne equally by the parties. The parties agree to use University facilities whenever possible. 14.5 Time limits set out in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure article may be appointed as a nominee extended by agreement in writing between the parties. 14.6 No grievance shall be deemed to the Board by either partybe lost due to minor technical irregularities.

Arbitration. (a) If 26.01 In the event that any grievance is shall not settledhave been satisfactorily settled pursuant to the foregoing provisions, the Union will notify the Employer within thirty-six (36) calendar days of the reply matter may then, by notice in Step 2 of their decision writing given to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party within ten (10) days after the time limited for exhaustion of the applicable procedures contained in writing the foregoing provisions, be referred to a Board of its desire to submit Arbitration or a single arbitrator, as the differences or allegation case may be. 26.02 The notice submitting to arbitration and the notice shall contain the name of the first party's single arbitrator or the appointee to an the Arbitration BoardBoard of the party making the submission, as the case may be. The recipient of the notice shall shall, within ten (10) working days of receipt of the notice, inform the other party of in writing, agreement with the name of proposed or propose its own single arbitrator or appointee to the Arbitration Board, as the case may be. The In the case of an Arbitration Board, the two (2) appointees so selectedselected shall, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairpersonchairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees parties fail to agree upon a Chairperson single arbitrator within the time limitlimits as set out herein, the appointment of a single arbitrator shall be made by the Minister Ministry of Labour for Ontario upon Labour. No person may be appointed as the request of either party. single arbitrator who has participated directly in an attempt to settle the grievance. 26.03 The single arbitrator or Arbitration Board shall hear and determine decide the difference or allegation grievance and shall issue a its decision in writing and the decision is shall be final and binding upon the parties and upon any nurse teacher affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson chairperson governs. The decision of a single arbitrator governs. (c) 26.04 The single arbitrator or Arbitration Board established as above, shall not decide the grievance submitted to it, any related question, including any questions as to whether a matter is arbitrable, but shall have any authority no power to alter alter, modify or change any provisions of amend this Agreement or to substitute any new provision in lieu thereofAgreement, or to give nor make any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. inconsistent therewith. 26.05 Each of the parties to this Agreement will party shall pay the fees and disbursements cost of its own appointee to the Arbitration board Board, and will the parties shall share equally the fees and disbursements cost of the Chairperson. No person who participated chairperson or a single arbitrator. 26.06 Each party may be represented at the Arbitration by a representative of its choice. 26.07 Unless otherwise specifically provided, any notice required to be sent herein may be sent by prepaid registered or certified mail to the parties at their respective mailing addresses. 26.08 The term “days” when used in this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in the Grievance Procedure may be appointed as a nominee to Education Act, R.S.O., 1980 Chapter 129. 26.09 Any time limits fixed by this Article for the Board taking of action by either partyparty or by any teacher may, at any time, be extended by agreement of the representatives of the parties involved.

Arbitration. 14.01 Within twenty-five days (a25) If after the final response to a grievance is not settledproperly processed under the Grievance Procedure involving the application, the Union will notify the Employer within thirty-six (36) calendar days interpretation or alleged contravention of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration provisions of this agreement, including any question as to whether a matter is arbitrableAgreement, or where claiming wrongful disciplinary suspension or discharge of an allegation is made that this Agreement has been violatedEmployee, either and one of the parties mayis not satisfied with the response, after exhausting the matter may be submitted to arbitration. In a case against the Employer, a written notice of arbitration shall be delivered to the Director of Human Resources and Organizational Effectiveness or their designate, and in a case against the Alliance, to the Alliance. 14.02 When a grievance procedure(s) established by this Agreement, notify is referred to Arbitration the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice parties shall within ten five (105) working days inform the other party of the name of its appointee to the Arbitration Boardarbitration board. The two appointees so selectedselected shall, shall within ten (10) working days of the appointment of the second of them, appoint choose a third person who arbitrator to serve as chairperson. Where they fail to reach agreement on a chairperson, the matter shall be the Chairperson. If the recipient of the notice fails referred to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon with the request of either party. that the Minister appoint a chairperson. 14.03 The Arbitration Board shall hear and determine the difference or allegation subject of the grievance and shall issue render a decision and the as soon as possible. The decision is shall be final and binding upon the parties and upon any nurse affected by it. The parties. 14.04 A decision of the majority of the members of the Arbitration Board shall be the decision of the Board. In the case where a majority is decision cannot be rendered, the decision of the Chairperson shall be the decision of the Arbitration Board, but if there is no majority . 14.05 Each party shall bear the decision cost of the services of its appointee to a board of arbitration. The costs of the services of the Chairperson governsshall be borne equally by both parties. (c) 14.06 In lieu of a board of arbitration, the parties may, by mutual agreement, submit the matter in dispute to a single arbitrator acceptable to both parties who shall render a final and binding decision under the same terms and in the same fashion as a board of arbitration. The Arbitration Board costs of the single arbitrator shall not be borne equally by both parties. 14.07 An arbitrator shall have no power to alter, add to, subtract from, amend, modify or substitute any authority to alter or change any provisions term of this Agreement or to substitute any new provision in lieu thereofAgreement, or to give any and shall render a decision contrary to not inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each An arbitrator shall have all the powers vested in it under the Canada Labour Code and this collective agreement and, in the case of discharge or disciplinary suspension, the power to substitute for discharge or disciplinary suspension such other penalties that they consider just and reasonable in the circumstances. 14.08 In determining the time limits within which any action is to be taken as prescribed in this Article, Saturdays, Sundays and Holidays shall be excluded. 14.09 The time limits stipulated in the Article may be extended by mutual agreement of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyparties.

Arbitration. (10.01 Where a grievance which has not been resolved through the grievance procedure is referred to arbitration, the following shall apply: a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, The party referring the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating give written notice to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire not later than twenty (20) days after the response from Stage 2 that it intends to submit refer the differences or allegation matter to arbitration and arbitration, the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who arbitrator shall be chosen by mutual agreement from any recognized list of arbitrators. b) Failing agreement within twenty-one (21) days or such time as may be agreed by the Chairperson. If the recipient of the notice fails to appoint parties, an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall may be made by the Minister Office of Labour for Ontario upon Arbitration at the request of either party. The single Arbitrator shall be bound by all clauses in Article 10 in the same manner as an Arbitration Board Board. c) Arbitrators hearing grievances under this article shall hear and determine first attempt to mediate a settlement to the difference or allegation and grievance. If mediation is unsuccessful, the arbitrator shall issue a decision and proceed to arbitrate the decision is final and binding upon the parties and upon any nurse affected by itgrievance. The decision of arbitrator shall have the right to limit evidence and argument and to impose a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governssettlement. (c) The Arbitration Board shall not have any authority to alter or change any provisions 10.02 No person who has assisted in the negotiation of this Agreement Collective Agreement, or to substitute any new provision in lieu renewal thereof, or may be appointed to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision such Board of this Agreement. Each of the Arbitration. 10.03 The parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will shall share equally the fees and disbursements expenses of the Chairpersonarbitrator. 10.04 The parties reserve the right to make application for Arbitration using Section 49 of the Ontario Labour Relations Act and should such right be exercised, agrees to inform the other Party in accordance with the time limits specified above. 10.05 The arbitrator shall not have the power to alter, add to, modify, or amend the Collective Agreement, or to make any decision inconsistent with the terms and provisions of the Collective Agreement. 10.06 An employee, in addition to the grievor, whose attendance is required at an Arbitration hearing shall receive permission to be absent from work providing the employee provides the Employer with fourteen (14) days written notice. No person who participated The employer shall maintain salary, credits and applicable benefits and invoice the Union for the salary and benefits paid to such members. 10.07 The time limits specified in the Grievance Procedure arbitration procedure may be appointed altered on the written agreement of both parties. 10.08 Notwithstanding the provisions of this article, the parties may agree to submit a grievance to arbitration by a three-person arbitration panel, on such terms as a nominee to are agreed by the Board by either partyparties.

Arbitration. (a) If In the event any grievance is cannot settledbe adjusted as set forth in Article 8 hereof, the Union will notify the Employer within thirty-six (36) calendar days and either party elects to go to arbitration, such party may do so by sending written notice of the reply in Step 2 of their decision such desire to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party within a period of fifteen (15) days from the date of the delivery of the decision of the Company as provided in Article 8, Section 2, paragraph B, hereof. A temporary Board of Arbitration shall be chosen immediately in the following manner: One member of said board shall be chosen by the Company and one member by the Union. The two thus chosen shall, within five (5) days exclusive of Saturdays, Sundays and holidays, select the third member of said board, and in the event they cannot agree on the third member, the Company and the Union shall request the Director of the State Mediation and Conciliation Service to submit a list of five persons qualified to act as the third member of said arbitration board. The Union representative and the Company representative, after the receipt of said list, shall each have the right to strike two names from it in the following manner. The two representatives shall determine by lot the order of elimination and thereafter each shall, in that order, alternately eliminate one name until only one remains. The fifth or remaining name shall thereupon be accepted by both the Union and the Company as the third member of the board. The three arbitrators so selected shall endeavor to meet daily for the purpose of hearing such grievance as may be referred to them and render a decision thereon. A majority decision of said board shall be final and binding upon both parties and transmitted in writing to each thereof. No single grievance shall consume a period in excess of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten five (105) working days inform after the appointment of the board of arbitrators. Failure of either party to appoint its arbitrator within a period of five (5) days from the time of official notice by the other party of arbitration proceedings will cause that party to forfeit its case. Each party shall bear the name expense of its appointee own arbitrator. Compensation of the third arbitrator, in addition to the Arbitration Board. The two appointees so selectedgeneral expense of said board as a whole, shall within ten (10) working days be paid jointly by both parties hereto. Failure on the part of either party to perform the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson act required in Articles 8 and 9 within the time limit, the appointment limits as set forth shall be made by the Minister of Labour for Ontario upon the request of either partycause said party to forfeit its case. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure Time limit requirements set forth herein may be appointed as a nominee to extended by mutual agreement between the Board by either partyparties.

Arbitration. 8.01 If the procedures set forth in Section 7.01, Step A and Step B, do not result in a solution being reached within seven (7) days of the first discussion between a business representative of the Union and a representative of the Company, or within such further period as the Company and the Union agree to in writing, the dispute shall be referred to an Arbitration Board of three (3) persons appointed as follows: (a) If The Party desiring arbitration shall appoint a member for the grievance is not settled, the Union will Board and shall notify the Employer within thirty-six (36) calendar days other Party in writing of the reply name and address of the person so appointed and particulars of the matter in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoneddispute. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of Party receiving the notice shall within ten five (105) working days inform appoint a member for the Board and notify the other party of the name Party of its appointee to the Arbitration Board. appointment. (c) The two appointees (2) Arbitrators so selectedappointed, shall within ten confer to select a third person to be Chairman, and failing for three (103) working days of from the appointment of the second of themthem to agree upon a person willing to act, either of them may apply to the Minister of Labour of British Columbia to appoint such third member. (d) The Arbitration Board shall sit, hear the Parties, settle the terms of the question to be arbitrated, and make its award within ten (10) days from the date of the appointment of the Chairman, provided the Parties may extend the time by agreement in writing. (e) The Parties may mutually agree that a third sole arbitrator be appointed in place of a three (3) person who board. The decision of the sole arbitrator shall be deemed to be the Chairpersondecision of the Board and shall be final and binding. All expenses incurred by the sole arbitrator shall be paid equally by the Parties. Each Party shall pay its own costs. 8.02 If the recipient Arbitration Board finds (or if at any earlier stage of the notice fails to appoint Grievance Procedure it is found) that an arbitratoremployee has been unjustly suspended or discharged, that employee shall be reinstated by the Company without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the suspension or discharge had not taken place, or if the two appointees fail Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an ex-employee should have been re-hired, that ex-employee shall be employed by the Company and paid all pay which he would have enjoyed and accorded all rights, privileges and benefits which he would have enjoyed if he had been hired at the proper time provided, that if it is shown to agree upon a Chairperson within the time limitBoard that the employee has been in receipt of wages during the period between discharge or suspen-sion and reinstatement, or date of failure to re-hire and re-hiring, the appointment amount so received shall be made deducted from wages payable by the Minister of Labour for Ontario upon Company pursuant to this Article, less any expenses which the request of either party. The employee has incurred in order to earn the wages so deducted, AND PROVIDED THAT the Arbitration Board shall hear and determine if circumstances are established before it, which, in the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision opinion of the Arbitration Board, but if there is no majority makes it just and equitable to do so, shall have authority to order the decision Company to pay less than the full amount of the Chairperson governswages lost. (c) 8.03 The Arbitration Board shall not have the right to modify any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to penalty imposed by the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each Company on an employee. 8.04 If the award of the parties Arbitration Board is subsequently set aside by a court of competent jurisdiction, the question shall, at the request of either Party, be submitted to another Arbitration Board appointed pursuant to and with all the powers provided by this Agreement will pay Article. 8.05 The expenses and remuneration of the fees and disbursements of its appointee to Chairman shall be paid by the Parties in equal shares. 8.06 Without restricting the specific powers hereinbefore mentioned, the Arbitration board and will share equally Board shall have all the fees and disbursements general powers of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyan Arbitration Board.

Arbitration. (a) 1. As a condition precedent to any right of action hereunder, any dispute arising out of this AGREEMENT shall be submitted to the decision of a board of arbitration composed of two arbitrators and one umpire, meeting in Schaumburg, Illinois, unless otherwise agreed. 2. The members of the board of arbitration shall be active or retired disinterested officers of insurance companies. Each party shall appoint its own arbitrator and the two arbitrators shall choose the umpire before instituting the hearing. If the grievance is not settledrespondent fails to appoint its arbitrator within four (4) weeks after being requested to do so by the claimant, the Union will notify latter shall also appoint the Employer within thirty-six (36) calendar days second arbitrator. If the two arbitrators fail to agree upon the appointment of the reply in Step 2 umpire within four (4) weeks after their nominations, each of their them shall name three (3), of whom the other shall decline two (2) and the decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between made by drawing lots. It is the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either intent of the parties mayto this AGREEMENT where the arbitrators have failed to agree, that the selection of umpire be confined to this determination by chance. 3. The claimant shall submit its initial brief within twenty (20) days after exhausting appointment of the grievance procedure(sumpire. The respondent shall submit its brief within twenty (20) established by this Agreement, notify days after receipt of the other party in writing of its desire to submit the differences or allegation to arbitration claimant’s brief and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall claimant may submit a reply brief within ten (10) working days inform the other party after receipt of the name of respondent’s brief. 4. The board shall make its appointee decision with regard to the Arbitration Boardcustom and usage of the insurance business. The two appointees so selectedboard shall issue its decision in writing based upon a hearing in which evidence may be introduced without following strict rules of evidence, but in which cross examination and rebuttal shall be allowed. The board shall make its decision within ten sixty (1060) working days following the termination of the appointment hearings unless the parties consent to an extension. The majority decision of the second of them, appoint a third person who board shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon all parties to the parties proceeding. Judgment may be entered upon the award of the board in any court having jurisdiction thereof. 5. Each party shall bear the expense of its own arbitrator and upon any nurse affected by itshall jointly and equally bear with the other party the expense of the umpire. The decision of a majority is the decision remaining costs of the Arbitration Board, but if there is no majority arbitration proceeding shall be allocated by the decision of the Chairperson governsboard. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either party.

Arbitration. (a) If 17.01 The grievance may be referred to arbitration, only after all steps in the grievance is not settledprocedure have been exhausted, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where unless a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement step has been violatedwaived by mutual consent of both parties in writing, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, through their authorized representatives. The party seeking arbitration shall notify the other party party, in writing writing, of its desire to submit the differences or allegation grievance to arbitration and within twenty (20) days of the notice reply of the Director or the Bargaining Unit President. The notification shall contain the name of the first party's ’s appointee to an Arbitration Boardthe Board of Arbitration. The recipient of the notice shall party shall, within ten (10) working days inform of receipt of such notification, advise the other party of the name of its appointee to the Arbitration Board. Board of Arbitration. 17.02 The two (2) appointees so selectedshall, shall within ten fifteen (1015) working days of the appointment of the second of them, or at some time mutually agreed upon, appoint a third person person, who shall be the ChairpersonChair. If the recipient of the notice party fails to appoint name an arbitratorappointee, or if the two appointees fail to agree upon a Chairperson Chair within the time limit, the appointment of the Chair shall be made by the Minister Ministry of Labour for Ontario upon the request of either party. The Board of Arbitration Board shall hear and determine the difference or allegation grievance and shall issue a binding decision and the decision is final and binding upon the parties and upon any nurse Member affected by it. The decision of a majority is shall be the decision of the Board of Arbitration Boardand, but if there is no majority majority, the decision of the Chairperson governsChair shall govern. (c) 17.03 No person shall be appointed as Arbitrator who has been involved in the negotiation of this Collective Agreement or in attempts to settle the grievance. 17.04 Each of the parties will bear the expenses of their appointee and the parties will share equally the expenses of the Chair. All costs related to witnesses called by a party will be paid for by that party. 17.05 The Board of Arbitration Board shall not have any authority to alter or change any of the provisions of this Collective Agreement or to substitute any new provision provisions in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Collective Agreement. 17.06 The parties may agree, in writing, to seek appointment of a single Arbitrator. Each of Should they be unable to agree on a single Arbitrator, the parties may jointly request the Ministry of Labour to make an appointment. ARTICLE 17 - ARBITRATION (continued) 17.07 It is understood that nothing in this Agreement will pay Article precludes the fees and disbursements Bargaining Unit or Members from addressing letters of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee inquiry to the Board by either partythrough the Director.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any grievance procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party's appointee to an Arbitration Board and shall be delivered to the other within ten (10) calendar days of the reply under Step #2. The recipient party shall, within ten (10) working days, advise the other of the name of its appointee to the Arbitration Board. (b) The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding (a) above, the parties may, upon mutual agreement, engage the services of a mediator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator. 10.02 The appointee so selected shall, within fifteen (15) working days of the appointment of the second of them, or at a time mutually agreed upon, appoint a third person who shall be the chairman. If the recipient party fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman, within the time limited, the appointment shall be made by the Minister of Labour upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any nurse affected by it. A decision of the majority shall be the decision of the Arbitration Board, but if there is no majority, the decision of the chairman shall govern. 10.03 Each of the parties hereto will bear the expenses of an arbitrator appointed by it and the parties will jointly bear the cost and expenses of the chairman of the Arbitration Board, if any. 10.04 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.05 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) procedure established by this Agreement, notify the other party in writing of its desire decision to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by itto arbitration. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs.Where grievance concerns: (a) Selection decisions on job vacancies (b) Premiums (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either party.Scheduling issues

Arbitration. SECTION 13.3.1 In the event that a dispute proceeds to arbitration, the Union and the Employer shall make a good faith effort to agree on an arbitrator. In the event the Union and Employer are unable to agree, and not later than seven (7) calendar days from receipt of the first request for arbitration, the Union and the Employer shall select the list of arbitrators as follows: (a) If the grievance is not settled, federal mediation and conciliation service (fmcs) shall submit a list of seven (7) arbitrators to the Union will notify and to the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandonedEmployer. (b) Where within fourteen (14) calendar days after receipt of the arbitration panel, the parties shall meet to select and place in numerical order the arbitrators through the process of elimination by alternately striking names. (c) the party to strike first shall be selected by a difference arises toss of the coin. SECTION 13.3.2 The jurisdiction of the impartial arbitrator is limited to: (a) adjudication of the issues which under the express terms of this agreement or the employee handbook, and the submission agreement setting forth the issue or issues to be arbitrated, which shall be entered into between the parties relating hereto; (b) interpretation of the specific terms of this agreement and/or the employee handbook which are applicable to the interpretationparticular issue presented to the arbitrator; (c) the rendition of a decision or award which in no way modifies, application adds to, subtracts from, changes or administration amends any term or condition of this agreementagreement or the employee handbook and/or which is in conflict with any of the provisions of this agreement and/or the employee handbook; and (d) the rendition of a decision or award based solely on the evidence and arguments presented to the arbitrator by the respective parties. (e) the rendition of a decision involving the administration or interpretation of insurance plans or contracts, including any question as pension plans; and those issues related to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either interpretation of the parties mayhealth and dental plan rules for eligibility, after exhausting cost to employees, the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration Union and the notice company. The arbitrator shall contain the name not have jurisdiction over internal rules of the first party's appointee to an Arbitration Boardinsurance plan itself which are outside the Employer’s control. SECTION 13.3.3 The arbitrator will render a decision within thirty (30) calendar days after the hearing. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who decision shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties Employer, the Union and upon the employees affected, provided that this does not preclude any nurse affected party to this agreement from seeking judicial review as provided by itlaw. The decision of a majority is the decision costs of the Arbitration Board, but if there is no majority arbitration shall be borne by the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either losing party.

Arbitration. (a) If 27.01 In the event that any grievance is shall not settledhave been satisfactorily settled pursuant to the foregoing provisions, the Union will notify the Employer within thirty-six (36) calendar days of the reply matter may then, by notice in Step 2 of their decision writing given to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party within 10 days after the time limited for exhaustion of the applicable procedures contained in writing the foregoing provisions, be referred to a Board of its desire to submit the differences or allegation Arbitration. 27.02 The notice submitting to arbitration and the notice shall contain the name of the first party's appointee to an the Arbitration BoardBoard of the party making the submission. The recipient of the notice shall shall, within ten (10) working 10 days of receipt of the notice, inform the other party in writing of the name of its appointee to the Arbitration Board. The two 2 appointees so selectedselected shall, shall within ten (10) working 10 days of the appointment of the second of them, appoint a third person who shall be the Chairpersonchairman. If the recipient of the notice fails to appoint an arbitratorappointee, or if the two 2 appointees fail to agree upon a Chairperson chairman within the time limitlimited, then in either such case, the appointment shall be made by the Minister of Labour for Ontario Education Relations Commission upon the request of either party. No person may be appointed to the Arbitration Board who has participated directly in an attempt to settle the grievance. 27.03 The Arbitration Board shall hear and determine decide the difference or allegation grievance and shall issue a its decision in writing and the decision is shall be final and binding upon the parties and upon any nurse teacher affected by it. The decision of a majority of the Arbitration Board is the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson chairman governs. (c) 27.04 The Arbitration Board established as above, shall not decide the grievance submitted to it, any related question, including any questions as to whether a matter is arbitrable, but shall have any authority no power to alter alter, modify or change any provisions of amend this Agreement or to substitute any new provision in lieu thereofAgreement, or to give nor make any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. inconsistent therewith. 27.05 Each of the parties to this Agreement will party shall pay the fees and disbursements cost of its own appointee to the Arbitration board Board, and will the parties shall share equally the fees and disbursements cost of the Chairperson. No person who participated chairman. 27.06 Each party may be represented at the Arbitration by a representative of its choice. 27.07 Unless otherwise specifically provided, any notice required to be sent herein may be sent by prepaid registered or certified mail to the parties at their respective mailing addresses. 27.08 The term “days” when used in this Article shall mean Monday to Friday inclusive throughout the year including July and August, but excluding school holidays as defined by the Ministry of Education in the Grievance Procedure may be appointed as a nominee to Education Act, R.S.O., 1980 Chapter 129. 27.09 Any time limits fixed by this Article for the Board taking of action by either partyparty or by any teacher may, at any time, be extended by agreement of the representatives of the parties involved.

Arbitration. (a) If the 11.01 When either Party requests that a grievance is not settledbe submitted to arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance request shall be deemed abandoned. (b) Where a difference arises between the parties relating made by registered mail addressed to the interpretation, application or administration other Party of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain indicating the name of the first party's appointee to its nominee on an Arbitration Boardarbitration board. The recipient of the notice shall within ten Within five (105) working days inform thereafter, the other party of Party shall answer by registered mail indicating the name and address of its appointee to the Arbitration Boardarbitration board. The two appointees so selected, arbitrators shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. then meet to select an impartial Chairman. 11.02 If the recipient of Party receiving the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson Chairman within the time limitseven (7) days of their appointment, the appointment shall be made by the Minister of Labour for Ontario upon the request of either partyParty. 11.03 The Board shall determine its own procedure, but shall give full opportunity to all Parties to present evidence and make representations. The Arbitration In its attempts at justice, the Board shall, as much as possible, follow a ▇▇▇▇▇▇'▇ procedure and shall avoid legalistic or formal procedure. It shall hear and determine the difference or allegation and shall issue render a decision and within ten (10) days from the time the Chairman is appointed. 11.04 The decision of the majority shall be the decision of the Board. Where there is final and binding upon no majority decision, the parties and upon any nurse affected by itdecision of the Chairman shall be the decision of the Board. The decision of a majority is the decision Board of the Arbitration Boardshall be final, but if there is no majority the decision binding and enforceable on all Parties and may not be changed. The Board of the Chairperson governs. (c) The Arbitration Board shall not have any authority the power to alter or change any provisions of this Agreement or to substitute alter, modify or amend any new provision in lieu thereofof its provisions. However, or the Board shall have the power to give dispose of a grievance by any decision contrary to the express intent or terms arrangement which it deems just and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. equitable. 11.05 Each Party shall pay: (1) The fees and expenses of the parties to this Agreement will pay arbitrator it appoints. (2) One-half (½) of the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated Chairman. 11.06 The time limits fixed in both the Grievance Procedure grievance and arbitration procedure may be appointed extended by consent of the Parties. 11.07 The Employer agrees that any written statement against any member of the Union by another member of the Union shall not be used in an arbitration unless the Union member giving the statement is called as a nominee to the Board by either partywitness. 11.08 Union representatives who attend Arbitration hearings shall suffer no loss in wages.

Arbitration. (a) If any dispute, differences or question shall at any times arise between the grievance parties as to the construction of this Agreement or concerning anything herein contained or arising out of the agreement or as to the rights, liabilities and duties of the parties hereunder except in respect of matters for which it is not settledprovided hereunder that the decision of the Employer is final and binding, the Union will notify same shall be referred to arbitration and final decision after giving at least 30 days notice in writing to the other (hereinafter referred to as the “Notice for Arbitration” clearly setting out the items of dispute) to a sole arbitrator who shall be appointed as hereinafter provided. For this purpose of appointing the sole arbitrator referred to above, the employer shall send to the Consultants within thirty days of the “Notice of Arbitration” a panel of three names of persons who shall be presently unconnected with the organization of the Employer of the Consultants. The Consultants shall, on receipt of the names as aforesaid, select any one of the persons so named to be appointed as the sole Arbitrator and communicate his name to the Employer within thirty-six (36) calendar 15 days of receipt of the reply in Step 2 of their decision to proceed to Arbitrationnames. The Employer shall thereupon without any delay appoint the said person as the Sole Arbitrator. If notice is not received the Consultants fail to communicate such selection as provided above within thirty-six (36) calendar daysthe period specified, the grievance Employer shall be deemed abandoned. (b) Where a difference arises between make the parties relating selection and appoint the sole arbitrator from the panel notified to the interpretation, application or administration of this agreement, including any question as Consultant. If the Employer fails to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee send to the Arbitration Board. The two appointees so selectedConsultant the panel of three names as aforesaid within the period specified, the Consultants shall within ten (10) working days send to the Employer a panel of the appointment three names of the second of them, appoint a third person persons who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of unconnected with either party. The Employer shall on receipt of the names as aforesaid, select any of the persons and appoint him as the Sole Arbitrator. If the Employer fails to select the person and appoint him as the Arbitrator within 30 days of the receipt of the panel and inform the Consultant accordingly, the Consultants shall be entitled to appoint one of the person from the panel as Sole Arbitrator and communicate his name of the Employer. If the Arbitrator so appointed is unable or unwilling to act or refuses his appointment or vacates his office due to any reason whatsoever another Sole Arbitrator shall be appointed. The arbitration shall be governed by the Arbitration Board & Conciliation Ordinance 1996 as in force from time to time. The award of the arbitrator shall hear be binding and determine final of the parties. It is hereby agreed that in all disputes referred to the Arbitration, the Arbitrators shall give a separate award in respect of each dispute or difference or allegation and shall issue a decision in accordance with the terms of reference and the decision award shall be reasoned award. The fees including the cost of travel, if any of the Arbitrator shall, if required to be paid before the award is made and published, be paid in equal proportion by each of the parties. The cost of the arbitration including the fees if any, of the Arbitrator shall be borne and paid by such party or parties to the dispute in such manner or proportion as may be directed by the Arbitrator in the award. The Employer and the Consultants also hereby agree that the arbitration under this cause shall be a condition precedent to any right of action under the contract with regard to the matters hereby expressly agreed to be so referred to arbitration. The arbitrator or arbitrators or Umpire, as the case may be, will be fellows of the Indian Institute of Consultants or Fellow of Institute of Engineers (India). The award of the Arbitrator(s) or Umpires, as the case may be, shall be final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyArbitration.

Arbitration. (a) If 10.01 In the event that the grievance is not settledsettled at Step 3, the Union will notify the Employer within thirty-six (36) calendar days party having carriage of the reply grievance may request arbitration of the grievance by giving notice in writing to the other party within twenty one (21) days from the delivery of the decision at Step 2 of their decision to proceed to Arbitration3, but not thereafter. If notice a request for arbitration is not received given within thirty-six such twenty one (3621) calendar daysday period, the grievance decision at Step 3 shall be deemed abandonedfinal and binding upon both parties to this Agreement and upon any employee involved. (b) Where 10.02 When either party requests that any matter be submitted to arbitration as herein before provided, it shall make such a difference arises between the parties relating request in writing addressed to the interpretationother party to this agreement and at the same time appoint a nominee. Within five (5) days thereafter the other party shall appoint a nominee as herein required. The two nominees so appointed, application or administration shall attempt to select by agreement a chairman of this agreement, including any question as the arbitration board. If they are unable to whether agree upon a matter is arbitrable, or where an allegation is made that this Agreement has been violatedchairman within a period of five (5) days, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by then request the Minister of Labour for the province of Ontario upon the request of either party. to appoint an impartial arbitrator, who shall be chosen having regard to his qualifications in interpreting collective agreements. 10.03 The Arbitration Board arbitrator shall hear and determine the difference or allegation matter and shall issue a decision and the decision is which shall be final and binding upon the parties and upon any nurse employee or employees affected by it. The arbitrator shall give a decision of within thirty (30) days after hearings on the matter submitted to arbitration are concluded. This time period for giving a majority is decision may be extended at the decision discretion of the Arbitration Board, but if there is no majority sole arbitrator so long as he or she states in his or her decision the decision of reasons for extending the Chairperson governstime. (c) 10.04 The Arbitration Board arbitrator shall not have be authorized, nor shall the arbitrator assume authority, to alter, modify or amend any authority to alter or change any provisions part of this Agreement or Agreement, nor to substitute make any new provision in lieu decision inconsistent with the provisions thereof, or to give deal with any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of matter not covered by this Agreement. . 10.05 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure. 10.06 The proceedings of the arbitrator will be expedited by the parties hereto, and the decision will be final and binding upon the parties hereto and the employee or employees concerned. 10.07 Each of the parties to this Agreement hereto will pay bear the fees and disbursements expenses of its appointee to the Arbitration board nominee appointed by it and the parties will share equally jointly bear the fees and disbursements expenses, if any, of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either party.the

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply 7.01 In any case in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance which Arbitration shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by required under this Agreement, notify the party initiating the Arbitration shall advise the other party in writing of its desire to submit the differences or allegation to arbitration as required in Article 6.08. 7.02 The Union and the notice Company shall contain attempt to agree upon an Arbitrator within fifteen (15) days from the name date of receipt of Notice of Arbitration. 7.03 Should the first party's appointee to an Arbitration Board. The recipient of Union and the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees Company fail to agree upon a Chairperson within the time limit, the appointment shall be made by of an Arbitrator, then the Minister of Labour for of Ontario upon shall be requested to appoint an Arbitrator. 7.04 Arbitration’s shall be heard at a place designated by the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision Arbitrator and the decision will be sought within fourteen (14) days after the close of hearings. 7.05 It will be the intention of the Union and the Company that they meet with the Arbitrator as soon as practical after his/her appointment. 7.06 It is final agreed that any and all time limits fixed by this Article for the rendering of a decision by the Arbitrator, may at any time be extended by agreement in writing, signed by a representative of the Company and a representative of the Union. 7.07 In any Arbitration, the written representations of the employee and the decision of the Company, or in the case of a difference directly between the Company and the Union, a written representation by the applicant for the Arbitration and the reply thereto by the other party, shall be presented to the Arbitrator and the award of the Arbitrator shall be confined to determining the issues therein set out. 7.08 The findings of the Arbitrator, as to the facts and as to the interpretation or violation or non-violation of this Agreement, shall be conclusive and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Boardconcerned, but if there is in no majority case shall the decision of the Chairperson governs. (c) The Arbitration Board shall not have Arbitrator be authorized to alter, modify or amend any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision part of this Agreement. Each . 7.09 The expenses of the parties Arbitrator shall be borne in equal shares by the Company and the Union. No costs of Arbitration shall be awarded to this Agreement will pay the or against any party. 7.10 Witness fees and disbursements allowances shall be paid by the party calling the witnesses. 7.11 Each party to a Arbitration shall be entitled to be represented by counsel or otherwise, and to present evidence to cross-examine the witnesses of its appointee the other party, and to present argument orally and/or in writing. When written arguments are submitted each party may reply once to the Arbitration board and will share equally the fees and disbursements argument of the Chairpersonother party. No person who participated in Where any written argument or brief is filed by a party with the Grievance Procedure may Arbitrator, a copy shall at the same time be appointed as a nominee sent to the Board by either other party.

Arbitration. (a) If the 10.01 When either party requests that a grievance is not settledbe submitted to arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance request shall be deemed abandoned. (b) Where a difference arises between the parties relating made by registered mail addressed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain Agreement, indicating the name of the first party's appointee to its nominee on an Arbitration Board. The recipient of the notice shall within Within ten (10) working days inform of receipt of the letter, the other party of shall answer by registered mail indicating the name and address of its appointee to the Arbitration Board. The two appointees so selected, (2) arbitrators shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the then select an impartial Chairperson. . 10.02 If the recipient of the notice fails to appoint an arbitrator, or if the two (2) appointees fail to agree upon a Chairperson within the time limitseven (7) working days of appointment, the appointment shall be made by the Minister of Labour for Ontario Labour, upon the request of either party. . 10.03 The Arbitration Board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representation. In its attempts at justice, the Board shall, as much as possible, follow a layperson's procedure. To this end it is agreed that neither party shall employ the services of Legal Counsel to make any presentation at the Arbitration hearing. It shall hear and determine the difference or allegation and shall issue render a decision and within ten (10) working days from the decision time the Chairperson is final and binding upon the parties and upon any nurse affected by it. appointed. 10.04 The decision of a the majority is shall be the decision of the Arbitration Board, but if . Where there is no majority decision, the decision of the Chairperson governs. (c) shall be the decision of the Board. The decision of the Arbitration Board shall not be final and binding and enforceable on all parties, but in no event shall the Arbitration Board have any authority the power to alter or change any provisions of this Agreement or to substitute alter, modify or amend any new provision of its provisions. However, the Board shall have the power to dispose of any discharge or any discipline grievance by any arrangement which in lieu thereof, or to give any decision contrary its opinion it deems just and equitable. 10.05 Should the parties disagree as to the express intent or terms and conditions in lieu thereof or meaning of the decision, either party may apply to give any the Chairperson of the Arbitration Board to re-convene the Board to clarify the decision, which adds to or detracts from any provision it shall do within seven (7) working days. 10.06 Each party shall pay: a) The fees and expenses of this Agreement. Each the Arbitrator it appoints. b) One half (1/2) the fees and expenses of the Chairperson. 10.07 The time limits fixed in both the grievance and arbitration procedure may be extended by consent of the parties to this Agreement Agreement. 10.08 At any stage of the grievance or arbitration procedure, the parties may have the assistance of the employee(s) concerned as witness(es). As well, all reasonable arrangements will pay be made to permit the fees conferring parties or the arbitrator(s), and disbursements of its appointee any other witnesses to have access to the Arbitration board and will share equally Employer's premises to view any working conditions which may be relevant to the fees and disbursements settlement of the Chairpersongrievance. No person Employees who participated appear as witnesses shall not suffer loss in the Grievance Procedure may be appointed as a nominee to the Board by either partywages.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 6.01 Where a difference arises between the parties relating to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application application, administration or administration alleged violation of this agreement, Agreement and including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting within the grievance procedure(s) established by this Agreementtime limit specified in Clause 5.02 (Step 5), notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the notice shall contain the name of the first party's appointee person appointed to be an Arbitration Board. Arbitrator by the party giving notice. 6.02 The recipient of the party to whom notice shall is given under Clause 6.01 shall, within ten (10) working days inform after receipt of such notice, appoint an Arbitrator and notify the other party of the name of its appointee to the Arbitration Board. Arbitrator. 6.03 The two appointees so selected(2) Arbitrators appointed in accordance with Clause 6.01 and 6.02 shall, shall within ten (10) working days of after the appointment of the second of them, appoint a third person who Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The Arbitrator appointed under this Clause shall be the Chairperson. If the recipient Chairperson of the Arbitration Board. 6.04 If (a) the party to whom notice is given under Clause 6.01 fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson Arbitrator within the time limitperiod specified in Clause 6.02, the appointment shall be made by the Minister of Human Resources, Labour for Ontario upon and Employment shall, on the request of either party, appoint an Arbitrator on behalf of the party who failed to make the appointment and such an Arbitrator shall be deemed to be appointed by that party. or (b) the two (2) Arbitrators appointed by the parties under Clauses 6.01 and 6.02 fail to appoint a third Arbitrator within the period specified in Clause 6.03, the Minister of Human Resources, Labour and Employment, on the request of either party, shall appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The Arbitrator appointed under this paragraph (b) shall be Chairperson of the Arbitration Board. 6.05 Both parties to a grievance shall be afforded the opportunity of presenting the evidence and argument thereon and may employ counsel or any other person for this purpose. 6.06 If a party fails to attend or be represented without good cause at an arbitration hearing, the Arbitration Board may proceed as if the party had been present or represented. 6.07 The Arbitration Board shall hear and determine render its decision on the difference or allegation and shall issue a decision grievance within fifteen (15) days of the date on which the Board is fully constituted and the decision is final of the Board shall be committed to writing and binding upon submitted to the parties and upon any nurse affected by itconcerned within a further ten (10) days. 6.08 The decision of the majority of the members of an Arbitration Board shall be the decision of the Board. The decision of an Arbitration Board shall be signed by the members of the Board making the majority report. 6.09 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a majority grievance and they shall comply with the decisions of an Arbitration Board appointed in accordance with those provisions and do, or as the case may be, abstain from doing anything required by that decision. 6.10 Each party required by this Agreement to appoint an Arbitrator shall pay the remuneration and expenses of that Arbitrator or of the Arbitrator deemed to have been appointed by that party under Clause 6.04 and the parties shall pay equally the remuneration and expenses of the Chairperson of the Arbitration Board. 6.11 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an Arbitration Board shall not suffer any loss in pay while participating in the arbitration proceedings. 6.12 An Arbitration Board may not alter, modify or amend any provision(s) of this Agreement but shall have the power to set aside a decision of the Employer and to modify a disciplinary measure imposed by the Employer. 6.13 Subject to Article 24, in cases of dismissal and suspension, the burden of proof shall rest with the Employer and the employee shall have recourse to the Grievance Procedure. 6.14 Either party may, within seven (7) days after receipt of the report of the Arbitration Board, but if there is no majority request the decision Board to reconvene for the purpose of clarifying its decision. 6.15 At any stage of the Chairperson governsGrievance or Arbitration Procedures, the parties shall have the assistance of any employee(s) concerned as witnesses and any other witness. (c6.16 Employees who are called as witnesses and appear before an Arbitration Board established in accordance with this Article shall suffer no loss of pay or benefits for the time spent at the arbitration hearing provided that the number of witnesses is kept to a reasonable limit. 6.17 Where a grievance is referred to arbitration in accordance with Clause 5.02, both parties may, by mutual consent, agree to have the dispute dealt with by a sole Arbitrator who is acceptable to both sides, instead of an Arbitration Board. In such a case, the provision(s) The of this Article as they relate to an Arbitration Board or Chairperson of an Arbitration Board shall not apply to the sole Arbitrator where the context so requires. 6.18 Employees who are discharged shall have any authority the right to alter or change any provisions have their grievance heard by a single Arbitrator at the Union's request. In exceptional circumstances, the Employer may request that an Arbitration Board be constituted in such cases. Grievances of this Agreement or type shall be automatically submitted to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyarbitration unless otherwise mutually agreed.

Arbitration. (a) If 6.01 Unless the provisions of Article 5 have been complied with, a grievance is shall not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the . 6.02 A grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating proceed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, Arbitration if either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify party makes service upon the other party in writing of its desire to submit the differences or allegation to arbitration and the written notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the decision being rendered from the Step 3 grievance meeting. 6.03 Within seven (7) working days of notice being provided as in Article 6.02, each party will appoint a member to a Board of Arbitration. The two (2) members shall then choose a Chairperson. If they are unable to agree on a Chairperson within fourteen (14) working days of the service aforesaid, they shall request the Federal Minister of Labour to appoint a Chairperson. 6.04 The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions for any existing provisions, and in reaching its decision it shall be bound by the terms and provisions contained herein. 6.05 The Board of Arbitration may, before the hearing, require the representative of the parties to attend before it to define the issue(s) to be arbitrated and to establish the procedure to be followed at the hearing. 6.06 The Board of Arbitration shall complete its sittings and hand down its award within thirty (30) days of the appointment of the second of themChairperson, appoint a third person who shall except that this time limit may be extended with the Chairperson. If the recipient mutual consent of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision Union and the decision is final and binding upon the parties and upon any nurse affected by it. Company. 6.07 The decision of a the majority is of the Board of Arbitration shall be the decision of the Arbitration BoardBoard of Arbitration, but and if there is no majority decision, the decision of the Chairperson governsshall be the decision of the Board of Arbitration. The decision of the Board of Arbitration shall be final and binding on the parties. (c) The Arbitration Board 6.08 Each party shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements expenses of its own appointee to the Arbitration board and will share equally one-half the fees and disbursements expenses of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to Chairperson and of any clerk or stenographer whom the Board by either partymay require.

Arbitration. [For clarification in this Article, day means Monday to Friday, January 1 to December 31 inclusive, excluding statutory holidays.] 17.1 No matter may be submitted to arbitration under this Article unless settlement thereof has been attempted through all of the steps of the grievance procedure outlined in Article 16. Failing resolution of the grievance under the provisions of the grievance procedure outlined in Article 16, the Union or Employer may, within five (5) days of the conclusion of the last step of the grievance, give notice of intent to submit the grievance to arbitration. 17.2 Within five (5) days of receipt of the written notice of intent to submit the grievance to arbitration, a single arbitrator may be appointed by mutual agreement between the parties. (a) If the grievance a single arbitrator is not settledappointed under Article 17.2, within five (5) days thereafter, the Union will notify party referring the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision matter to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance arbitration shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing indicating the name, address and telephone number of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee nominee to an Arbitration Boardarbitration board. The recipient of the notice shall within ten Within five (105) working days inform thereafter, the other party of shall respond in writing indicating the name name, address and telephone number of its appointee nominee to the Arbitration Boardboard. The two appointees so selected, (2) nominees shall then select a chairperson within ten five (105) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. days. (b) If the recipient of the notice either party fails to appoint an arbitrator, name a nominee or if the two appointees nominees fail to agree upon on a Chairperson chairperson within the specified time limitlimits under 17.3 (a), the any required appointment shall be made by the Minister of Labour for Ontario the Province of Nova Scotia upon the request of either party. . 17.4 The Arbitration Board decision of the majority shall hear and determine the difference or allegation and shall issue a decision and be the decision of the arbitration board. Where there is final and binding upon no majority decision, the parties and upon any nurse affected by itdecision of the chairperson shall be the decision of the board. The decision of a majority is the decision board of the Arbitration Boardarbitration shall be final, but if there is no majority the decision of the Chairperson governsbinding and enforceable on all parties. 17.5 The board of arbitration (cor the single arbitrator) The Arbitration Board shall not have the power to alter, amend, modify, change or make any authority to alter or change any decision inconsistent with the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. . 17.6 Each of the parties to this Agreement will the grievance shall bear the cost of their respective nominee and shall pay the one-half (½) of any fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated in chairperson not covered by the Grievance Procedure may be appointed as a nominee to the Board by either partyMinister of Labour.

Arbitration. (a) If the grievance is not settledsatisfactorily settled in Step 3, the Union will notify may make a written request that the Employer grievance be submitted to arbitration within thirty-six ten (3610) calendar work days of following the reply date the grievance was answered in Step 2 of their decision to proceed to Arbitration3. If notice is In the event that the employee and his appropriate Union representative do not received refer the grievance within thirty-six (36) calendar daysthe above time period, the grievance shall be deemed abandoned. (b) Where a difference arises between considered resolved. An alleged grievance brought by the parties relating Employer shall be submitted to the interpretationBoard of Local Union officers through the Local President within five (5) work days of the occurrence that gave rise to the grievance. The parties shall have five (5) work days to meet to attempt to resolve the alleged grievance. If the grievance is not satisfactorily resolved, application or administration the Employer may make a written request that the grievance be submitted to arbitration. A request for arbitration must be submitted within ten (10) work days following the date of this agreementthe meeting. Upon receipt of a request for arbitration, including any question as to whether a matter is arbitrablethe Employer, or where an allegation is made that this Agreement has been violatedhis designee, either and the representative of the parties mayUnion shall, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform days, agree to a mutual selection or request a list of seven (7) impartial arbitrators from the other party Federal Mediation and Conciliation Service (FMCS). The parties shall agree on a submission agreement outlining the specific issues to be determined by the arbitrator prior to requesting the list. Upon receipt; of the list of seven (7) arbitrators, the parties shall meet to select an arbitrator within seven (7) working days. The parties shall use the alternate strike method from the list of seven (7) arbitrators. The party requesting the arbitration shall make the first strike; strikes will be made until one (1) arbitrator remains. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the option to completely reject one (1) list of its appointee names provided by the FMCS. All procedures relative to the Arbitration Boardhearing shall be in accordance with the rules and regulations of the FMCS. The two appointees so selectedarbitrator shall hold the arbitration hearing promptly and issue his decision and recommendation within a reasonable time thereafter. The arbitrator shall limit his decision strictly to the interpretation, shall within ten (10) working days application, or enforcement of those specific articles and/or sections of the appointment of the second of them, appoint a third person who agreement in question. The arbitrator’s decision and recommendation shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either partyconsistent with applicable law. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board arbitrator shall not have any the authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereofadd to, subtract from, modify, change, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from alter any provision of this Agreement. Each Furthermore, the arbitrator shall not add to, subtract from, or modify the language contained therein in arriving at his determination on any issue presented that is proper within the limitations expressed herein. The arbitrator shall expressly confine himself to the precise issues submitted for arbitration, and shall have no authority to determine any other issues not submitted. The arbitrator shall not submit observations or declarations of opinion which are not directly essential in reaching a decision on the issue in question. The arbitrator shall be without authority to recommend any right or relief on an alleged grievance occurring at any time other than the contract period in which such right originated, or to make any award based on right arising under any previous agreement, grievance, or practices. The arbitrator shall not recommend any new or different wage rates be established which were not negotiated as part of the parties Agreement. In cases of discharge or of suspension, the arbitrator shall have the authority to this Agreement will pay recommend modification of said discipline. In the fees and disbursements event of its appointee monetary award, the arbitrator shall not recommend retroactive settlement beyond the date(s) of the incident giving rise to the Arbitration board and will share equally grievance. The question of a grievance being arbitrable may be raised by either party before the fees and disbursements arbitration hearing of the Chairpersongrievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator’s jurisdiction. No person who participated in The first question to be placed before the Grievance Procedure may arbitrator will be appointed as a nominee whether or not the alleged grievance is arbitrable. If the arbitrator determines the grievance is within the purview of being arbitrable, the alleged grievance is to be heard on its merits before the same arbitrator. Recommendations of the arbitrator shall be final and binding upon both parties. All costs directly related to the Board services of the arbitrator shall be paid by either the losing party. Expense of any witnesses shall be borne by the party calling the witness. The fees of any court reports shall be paid by the party asking for same: such fees shall be split equally if both parties desire a court reporter’s recording, or request a copy of any transcript.

Arbitration. ‌ 23:01 If a satisfactory settlement is not reached through the process described in Article 22, either party may refer a dispute to arbitration for final and binding settlement by giving notice to the other party within the time limits as described in Article 22. 23:02 Where the party initiating the arbitration proceedings wishes to request arbitration by a single arbitrator, the notice referred to in Section :01 shall so state. (a) The parties will attempt to reach agreement on a single arbitrator within ten (10) calendar days; (b) If the grievance is parties are unable to reach agreement on a single arbitrator they will request that the Manitoba Labour Board appoint an arbitrator; (c) A single arbitrator shall be considered to be an Arbitration Board for the purposes of this Article; (d) In special circumstances, either party may request a three (3) person Board of Arbitration. Neither party shall unreasonably withhold their consent to this request. 23:03 The arbitrator shall not settledbe empowered to make any decision inconsistent with the terms of this Agreement or to modify or amend any portion of this Agreement. 23:04 The arbitrator shall determine his/her own procedures, but shall provide full opportunity to all parties to present evidence and make representations. The sole arbitrator or Arbitration Board shall hear or determine the Union will notify the Employer difference(s) or allegation(s) and render a decision within thirty-six thirty (3630) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six hearing. 23:05 Within seven (367) calendar daysdays following the receipt of the award, the grievance shall be deemed abandoned. (b) Where a difference arises between should the parties relating disagree as to the interpretation, application or administration meaning of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the arbitrator either party 23:06 Nothing in this Agreement shall preclude settlement of a grievance by mutual agreement in any manner whatsoever. 23:07 Each party shall pay one-half (½) of the fees and the expenses of the chairperson. In the event the parties use a three (3) person Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement each party will pay the fees and disbursements expenses of its appointee to the Arbitration board and will share equally the fees and disbursements their respective nominee. 23:08 Any of the Chairperson. No person who participated in the Grievance Procedure time limits referred to above may be appointed as extended by mutual agreement of the parties hereto. 23:09 Effective from the date of ratification of this Agreement and restricted to grievances which occurred and were initiated after that date, unresolved grievances shall be submitted to a nominee to Board of Arbitration in accordance with the Board by either partyprocedure set forth in this Article.

Arbitration. (a) If the grievance is not settledA. Except as otherwise specified in this Agreement, the Union will notify the Employer within thirty-six (36) calendar days any Dispute or any other matter concerning any aspect of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either relationship of the parties maywill be finally settled, by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, except as modified herein (the “AAA Rules”), conducted in Washington, DC. B. There will be three (3) arbitrators. If there are only two (2) parties to the arbitration, each of Licensor and Licensee will appoint one (1) arbitrator within twenty (20) days after exhausting receipt by respondent of a copy of the grievance procedure(s) established by demand for arbitration. For purposes of this AgreementSection 22.4, notify Licensor and its Affiliates, on one hand, and Licensee and its Affiliates, on the other party in writing of its desire hand, will each be deemed to submit the differences or allegation to arbitration and the notice shall contain the name of the first be one (1) party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (102) working party-appointed arbitrators will have twenty (20) days of from the appointment of the second of them, appoint (2nd) arbitrator to agree on a third person (3rd) arbitrator who shall will chair the arbitral tribunal. Any arbitrator not timely appointed by the parties under this Section 22.4.B. will be appointed in accordance with AAA Rule R.11, and in any such procedure, each party will be given a limited number of strikes, excluding strikes for cause. C. Any Dispute to be settled by arbitration under this Section 22.4 will at the Chairpersonrequest of Licensor or Licensee be resolved in a single arbitration before a single tribunal together with any Dispute arising out of or relating to this Agreement or any other agreement (including any other Transaction Agreements) between or among Licensee, Guarantor and their respective Affiliates on the one hand and Licensor or its Affiliates on the other. If there are multiple claimants and/or multiple respondents to the recipient of effect that there are more than two (2) parties to the notice fails to appoint an arbitratorarbitration, or if the two appointees fail all claimants and/or all respondents will attempt to agree upon a Chairperson their respective appointments. If such multiple parties fail to nominate an arbitrator within the time limitthirty (30) days, the appointment shall be made AAA will appoint an arbitrator on their behalf. In such circumstances, any existing nomination of the arbitrator chosen by the Minister party or parties on the other side of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision proposed arbitration will be unaffected, and the remaining arbitrators will be appointed in accordance with AAA Rules R. 12 and R. 13. D. Any controversy concerning whether a Dispute is an arbitrable Dispute, whether arbitration has been waived, whether an assignee of this Agreement is bound to arbitrate, or as to the interpretation or enforceability of this Section 22.4 will be determined by the arbitrators. E. The decision is of the arbitral tribunal will be final and binding upon the parties parties, and upon such decision will be enforceable through any nurse affected by itcourts having jurisdiction. The decision of a majority is the decision of the Arbitration Board, but if there is arbitral tribunal will have no majority the decision of the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter amend or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to modify the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each The arbitral tribunal may award or include in their award any relief they deem proper in the circumstances, including money damages (with Interest on unpaid amounts from the date due), specific performance and legal fees and costs in accordance with this Agreement; however, the arbitral tribunal may not award special, punitive, consequential or exemplary damages. The costs and expenses of arbitration will be allocated and paid by the parties as determined by the arbitral tribunal. The arbitral tribunal will have the authority to make such orders granting interim or provisional relief during the pendency of the arbitration as it deems just and equitable. Any such order will be without prejudice to the final determination of the controversy. F. The parties will use their reasonable best efforts to encourage the arbitrators to resolve any arbitration related to any Dispute as promptly as practicable. Subject to Applicable Law, including disclosure or reporting requirements, or the parties’ agreement, the parties will maintain the confidentiality of the arbitration. Unless agreed to by all the parties or required by Applicable Law, including disclosure or reporting requirements, the arbitrators and the parties will maintain the confidentiality of all information, records, reports, or other documents obtained in the course of the arbitration, and of all awards, orders, or other arbitral decisions rendered by the arbitrators. G. Any arbitration proceeding under this Agreement will pay the fees be conducted on an individual (not a class-wide) basis and disbursements of its appointee will not be consolidated with any other arbitration proceedings to which Licensor is a party, except as specified below. No decision on any matter in any other arbitration proceeding in which Licensor is a party will prevent any party to the Arbitration board and will share equally arbitration proceeding from submitting evidence with respect to the fees and disbursements of same or a similar matter or prevent the Chairperson. No person who participated arbitral tribunal from rendering an independent decision without regard to such decision in the Grievance Procedure such other arbitration proceeding. H. Each party may, without waiving any rights it has under this Agreement, seek from a court having jurisdiction any interim or provisional relief that may be appointed as a nominee necessary to protect its rights or property. I. The provisions of this Section 22.4 will survive the Board by either partyexpiration or termination of this Agreement.

Arbitration. (a) If Should the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply Executive Director fail to render their decision as required in Step Number 2 or failing settlement of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, any Grievance under the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to foregoing procedure arising from the interpretation, application application, administration, or administration alleged violation of this agreementAgreement, including any question as to whether a matter is arbitrablearbitratable, the Grievance may be referred to Arbitration by either the Employer or where an allegation the Union, provided it is made that this Agreement has been violated, either done within ten (10) days of the parties may, after exhausting Executive Director's decision or the grievance procedure(s) established by this Agreement, notify end of the other party in writing of its desire to submit the differences or allegation to arbitration and the time when it should have been rendered. The notice shall contain the name of the first party's appointee nominee to an Arbitration Boardthe Board of Arbitration. The recipient of the notice Notice shall within ten (10) working days inform thereafter designate its nominee o the other party Board of the name of its appointee to the Arbitration BoardArbitration. The two appointees (2) so selected, nominated shall endeavour within ten (10) working days of after the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail them to agree upon a Chairperson third (3rd) person to act as Chairman of the Board of Arbitration. If the nominees are unable to agree upon the third person as Chairman within ten (10) days after the appointment of the second one of them, then either party may request the Labour Management Arbitration Commission of the Province of Ontario to appoint the third member and Chairman of the Board of Arbitration. The said two arbitrators first appointed shall be at liberty prior to the appointment of the third arbitrator within the time limit, said period of ten (10) days to discuss the appointment Grievance submitted to them with a view to mutual settlement. (b) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle this particular Grievance concerned. (c) Each of the parties shall pay its own expenses including pay for witnesses and the expenses of its own arbitrator and one-half (1/2) of the expenses and fees of the Chairman. No costs of any arbitration shall be made awarded to or against any party. (d) The Union will be responsible to pay all wages of employees subpoenaed by the Minister Union who have been scheduled to work. (e) The Board of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference have no power to alter, add to, subtract from, modify or allegation and shall issue a amend this Agreement in order to give any decision and the decision is final and binding upon the parties and upon any nurse affected by inconsistent with it. The decision of a the majority is of the members of the Board of Arbitration shall be the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson governsChairman shall govern. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either party.

Arbitration. 8.01 If the procedures set forth in Section 7.01, Step A and Step B, do not result in a solution being reached within seven (7) days of the first discussion between a business representative of the Union and a representative of the Company, or within such further period as the Company and the Union agree to in writing, the dispute shall be referred to an Arbitration Board of three (3) persons appointed as follows: (a) If The Party desiring arbitration shall appoint a member for the grievance is not settled, the Union will Board and shall notify the Employer within thirty-six (36) calendar days other Party in writing of the reply name and address of the person so appointed and particulars of the matter in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoneddispute. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of Party receiving the notice shall within ten five (105) working days inform appoint a member for the Board and notify the other party of the name Party of its appointee to the Arbitration Board. appointment. (c) The two appointees (2) Arbitrators so selectedappointed, shall within ten confer to select a third person to be Chairman, and failing for three (103) working days of from the appointment of the second of themthem to agree upon a person willing to act, either of them may apply to the Minister of Labour of British Columbia to appoint a such third person who member. (d) The Arbitration Board shall sit, hear the Parties, settle the terms of the question to be arbitrated, and make its award within ten (10) days from the date of the appointment of the Chairman, provided the Parties may extend the time by agreement in writing. 8.02 If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been unjustly suspended or discharged, that employee shall be reinstated by the Chairperson. If Company without loss of pay and with all his rights, benefits and privileges which he would have enjoyed if the recipient of the notice fails to appoint an arbitratorsuspension or discharge had not taken place, or if the two appointees fail Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an ex-employee should have been rehired, that ex-employee shall be employed by the Company and paid all pay which he would have enjoyed and accorded all rights, privileges and benefits which he would have enjoyed if he had been hired at the proper time provided, that if it is shown to agree upon a Chairperson within the time limitBoard that the employee has been in receipt of wages during the period between discharge or suspension and reinstatement, or date of failure to rehire and rehiring, the appointment amount so received shall be made deducted from wages payable by the Minister of Labour for Ontario upon Company pursuant to this Article, less any expenses which the request of either party. The employee has incurred in order to earn the wages so deducted, AND PROVIDED THAT the Arbitration Board shall hear and determine if circumstances are established before it, which, in the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision opinion of the Arbitration Board, but if there is no majority makes it just and equitable to do so, shall have authority to order the decision Company to pay less than the full amount of the Chairperson governswages lost. (c) 8.03 The Arbitration Board shall not have the right to modify any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to penalty imposed by the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each Company on an employee. 8.04 If the award of the parties Arbitration Board is subsequently set aside by a court of competent jurisdiction, the question shall, at the request of either Party, be submitted to another Arbitration Board appointed pursuant to and with all the powers provided by this Agreement will pay Article. 8.05 The expenses and remuneration of the fees and disbursements of its appointee to Chairman shall be paid by the Parties in equal shares. 8.06 Without restricting the specific powers hereinbefore mentioned, the Arbitration board and will share equally Board shall have all the fees and disbursements general powers of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyan Arbitration Board.

Arbitration. (a) If the 10.01 When either party requests that a grievance is not settledbe submitted to arbitration, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance request shall be deemed abandoned. (b) Where a difference arises between the parties relating made by registered mail addressed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing to the Agreement, indicating the name and address of its desire to submit the differences or allegation to nominee on an arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Boardboard. The recipient of the notice shall within Within ten (10) working days inform thereafter, the other party of shall answer by registered mail indicating the name and address of its appointee nominee to the Arbitration Boardarbitration board. The two appointees so selected, (2) nominees shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. then meet to select an impartial chairperson. 10.02 If the recipient of party receiving the notice fails to appoint an arbitrator, a nominee or if the two appointees (2) nominees fail to agree upon a Chairperson chairperson within the time limitfive (5) working days of their appointment, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. . 10.03 No person may act as a board member who has been involved in an attempt to negotiate or settle a grievance. 10.04 The Arbitration decision of a majority of the Board shall hear of Arbitration, and determine failing a majority decision or in the difference or allegation and shall issue case of a decision and sole arbitrator, the decision is of the Chairperson will be final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision hereto. 10.05 Each of the Arbitration Board, but if there is no majority parties hereto will pay the decision expenses of its board member to the Board of Arbitration; the parties will jointly share the fees and expenses of the Chairperson governsor sole arbitrator. (ca) The Arbitration Board shall have jurisdiction to deal with interpretation, application, administration or alleged violation of this agreement, including any questions as to whether a matter is arbitrable. (b) The Arbitration Board shall not have be authorized to make any authority to alter or change any decision inconsistent with the provisions of this Agreement or Agreement, nor to substitute any new provision in lieu thereofalter, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decisionmodify, which adds add to or detracts from amend any provision part of this Agreement. Each . 10.07 The Board shall, however, in respect to a grievance involving a suspension or discharge, be entitled to modify, or set aside such penalty, or order back pay and benefits, if in the opinion of the parties arbitrator it is just and equitable to this Agreement will pay the fees do so. 10.08 When a settlement is agreed upon at any step listed above, such agreement shall be final and disbursements of its appointee binding on both parties. 10.09 No matter may be submitted to the Arbitration board and will share equally the fees and disbursements arbitration that has not properly been carried through all previous steps of the Chairperson. No grievance procedure. 10.10 The Board of Arbitration shall have the right to enter any premises where work is being done or has been done by the employees or in which the Employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to it and inspect and view any work material, machinery, appliance or article herein, and interrogate any person who participated in the Grievance Procedure may be appointed as a nominee respecting any such thing or any of such differences. 10.11 The parties agree to the Board by either partycommunicate beforehand and attempt to establish an agreed statement of fact.

Arbitration. (a) If No matter may be submitted to arbitration under this Article by either Party unless settlement has been attempted through all of the steps of the grievance is not settledprocedure outlined in Article 11.07. Failing resolution of the grievance under the provisions of the grievance procedure, the Union will notify the Employer griever may, within thirty-six fourteen (3614) calendar days of the reply in Step 2 conclusion of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the last step of the grievance shall be deemed abandonedprocedure, give notice of submission of the grievance to arbitration. (b) Where a difference arises between At the parties relating to the interpretation, application or administration time of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting submitting the grievance procedure(s) established by this Agreementto arbitration, the Party referring the matter to arbitration shall notify the other party Party in writing indicating the name, address and telephone number of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee nominee to an Arbitration Boardarbitration board. The recipient of the notice shall within ten Within fourteen (1014) working calendar days inform thereafter, the other party of Party shall respond in writing indicating the name name, address and telephone number of its appointee nominee to the Arbitration Boardboard. The two appointees so selected, (2) nominees shall within ten (10) working days then select a chairperson as expeditiously as possible from among the following list of arbitrators: ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ If none of the appointment above is available within three (3) months of the second date on which he/she is notified of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the their appointment shall be made by then either Party may ask the Minister of Labour for Ontario upon Nova Scotia to name an arbitrator who shall act as the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governschair. (c) A single arbitrator may be appointed by mutual agreement between the Parties. (d) The Arbitration Board decision of the majority shall be the decision of the arbitration board. Where there is no majority decision, the decision of the chair shall be the decision of the board. The decision of the board of arbitration shall be final, binding and enforceable on all Parties. (e) The board of arbitration (or the single arbitrator) shall not have the power to alter, amend, modify, change or make any authority to alter or change any decision inconsistent with the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. . (f) Each of the parties Parties to this Agreement will the grievance shall bear the cost of their respective nominee and shall pay the one-half (1/2) of those fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairpersonchair (or single arbitrator) not covered by the Minister of Labour. No person who participated in Cost of counsel shall be borne by the Grievance Procedure may be appointed as a nominee to the Board by either partyParty retaining same.

Arbitration. An Arbitration Board shall be constituted and convened in the following manner: (a) If the grievance is not settledunresolved at Step Two or upon the failure of the Director, or his or her designate, to reply within the time specified in clause 17.05(b) or of the responding party to reply within the time specified in 17:06(b), whichever is appropriate, the Union will grieving party may notify the Employer other party, in writing, within thirty-six ten (3610) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, of its intention to submit the grievance shall be deemed abandonedmatter to arbitration. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other The party in writing of its desire to submit the differences or allegation to arbitration and receiving the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall appoint its nominee within ten (10) working days inform the other party of the name receipt of its appointee notice. (c) In making their appointments to the Arbitration Board both parties shall be guided by the following: That no person be appointed a member of an Arbitration Board who has any direct pecuniary interest in the matter coming before it, or who has, within a period of six (6) months immediately preceding the date of his or her appointment, acted as a mediator, solicitor, counsellor or negotiator of either of the parties but no person shall be deemed to have direct pecuniary interest by reason of his or her being a rate payer within the area of jurisdiction of the Board. . (d) The two appointees so selectedselected shall, shall within ten fifteen (1015) working days of the appointment of the second of them, them or some mutually agreed upon time appoint a third person who shall be the Chairperson. . (e) If the recipient of the notice fails to appoint an arbitratorappointee within the time designated the appointment shall be made by the Minister of Labour or, or if the two appointees fail to agree upon a Chairperson within the time limitdesignated, the appointment Chairperson shall be made appointed by the Minister of Labour for Ontario upon the request of either party. Labour. (f) The Arbitration Board shall hear and determine the difference or allegation grievance and shall issue a decision and the decision. The decision is final and binding upon the parties and upon any nurse Teacher affected by it. The A decision of a the majority is shall be the decision of the Arbitration Board, but if . If there is no majority the decision of the Chairperson governs. (cg) The Arbitration Board and the appropriate Association shall not have any authority to alter or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay each be responsible for the fees and disbursements expenses of its appointee to the Arbitration board and own appointee. The parties will share equally the fees and disbursements expenses of the Chairperson. No person who participated . (h) The Arbitration Board shall have the authority only to settle disputes under the terms of a grievance as outlined in the Grievance Procedure may be appointed as a nominee this Article and will only interpret and apply this Agreement to the facts of the particular grievance involved. The Arbitration Board by either partyshall have no power to alter, add to, subtract from, modify or amend this Agreement, nor to give any decision inconsistent with it.

Arbitration. 14.01 Should any matter concerning the interpretation, application, operation or alleged violation of the provisions of this Agreement remain unsettled following Step Two of the Grievance Procedure, it may be referred to an Arbitrator by notice in writing by either party. 14.02 Within ten (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (3610) calendar days from the date settlement could have been made at Step Two of the reply Grievance Procedure outlined in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar daysArticle 13.02, the grievance shall case may be deemed abandoned. (b) Where a difference arises between the parties relating submitted to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established Arbitration by this Agreement, notify one party notifying the other party in writing of its desire to submit the differences grievance or allegation to arbitration and Arbitration. Within seven (7) days following such notice, the notice parties shall contain the name of the first party's appointee to mutually agree upon an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the ChairpersonArbitrator. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to parties cannot mutually agree upon a Chairperson an Arbitrator within the time limitseven (7) days, the appointment shall moving party may make an application to the Labour Relations Board for an Arbitrator to be made by assigned to hear the Minister of Labour for Ontario upon the request of either party. case. 14.03 The Arbitration Board Arbitrator shall hear and determine the difference or allegation and shall issue a decision decision, and the decision is shall be final and binding upon the parties parties, and upon any nurse employee affected by it. 14.04 Each of the parties will bear the expense of the witnesses called by it and the parties will bear the expense of the Arbitrator in equal shares. The decision No cost of Arbitration shall be awarded to or against either party. 14.05 In any Arbitration, the written representation of the employee or employees as presented in the Grievance Procedure herein and the replies of the Company or in the case of a majority is difference directly between the Union and the Company, the written representation by the applicant for the Arbitration and the reply thereto by the other party shall be presented to the Arbitrator and the decision of the Arbitration BoardArbitrator shall be confined to determining the issues set out herein. 14.06 Each party shall be entitled to be represented by counsel or otherwise and to present evidence, but if there is no majority to cross-examine the decision witnesses of the Chairperson governsother party and the present arguments orally and/or in writing. Any witness shall testify under oath. When written arguments are submitted, each party may reply once to the argument of the other party. When any written argument or brief is filed by a party with the Arbitrator; a copy shall, at the same time, be sent to the other party. (c) 14.07 The Arbitration Board Arbitrator shall have access to the plant, to view disputed operations, if desired, and to confer with the necessary witnesses. 14.08 It is agreed that the Arbitrator shall not have any the authority to alter alter, modify or change amend any provisions part of this Agreement or to substitute make any new provision general changes such as in lieu thereof, wage rates or to give make any decision contrary to recommendations inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. Each . 14.09 The Union and the Company agree that every reasonable effort will be made to obtain the Award of the parties to this Agreement will pay Arbitrator within thirty (30) days after the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements close of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee to the Board by either partyproceedings.

Arbitration. (a) If The party advancing the grievance is not settledto arbitration, the Union will notify the Employer within thirty-six other party in writing, and (36i) calendar days name its nominee to the board of arbitration; or (ii) state its desire to consider the reply in Step 2 appointment of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoneda single arbitrator. (b) Where a difference arises between Within five days after receipt of notification provided for in clause 14.08 (a), the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(sparty receiving such notice will (i) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee nominee to a board of arbitration; or (ii) arrange to discuss with the other party the selection of a single arbitrator. (c) The parties may select one person to act as a sole arbitrator to whom any such grievance may be submitted for arbitration and such person will have the same powers and be subject to the Arbitration Boardsame restriction as a board of arbitration appointed under this Agreement. (d) Where agreement cannot be reached on a single arbitrator, a board of arbitration will be established. The two appointees so selectedWhere the nominees to a board have been named by the parties, shall they will within ten (10) working days of endeavor to select a mutually acceptable chairperson for the appointment of the second of them, appoint a third person who shall be the Chairpersonarbitration board. If the recipient of the notice fails they are unable to appoint agree, an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limit, the appointment shall application will be made by to the Minister of Labour for Ontario upon to appoint a chairperson. (e) The following conditions will apply to the request powers of either partythe arbitrator. The Arbitration Board shall arbitrator may: (i) require production, in advance of the hearing, of documents deemed relevant to the grievance; (ii) examine any witnesses deemed relevant to the grievance; (iii) assist the parties in mediating a resolution of the grievance; (iv) not change, amend, alter or modify any of the terms of this Agreement; (v) in matters relating to disciplinary action, reinstate an employee with or without compensation for wages and/or benefits, and/or make any other award s/he may deem just and reasonable that would be consistent with the terms of the Agreement. (f) The arbitrator will have the responsibility to: (i) arbitrate the matter and confine the decision to the issues in dispute; (ii) determine his/her own procedure and give full opportunity to the parties to present evidence and to be heard; (iii) hear and determine the difference or allegation merits of the grievance and shall issue an award in writing to the parties within 30 days of the conclusion of the hearing; (iv) where requested, determine whether a particular matter is arbitrable under this Agreement. (g) Any arbitration decision and the decision is will be final and binding upon the parties and upon any nurse employee affected by it. the decision. (h) The decision of will be one reached by a majority is the decision of the Arbitration Boardmembers of the board of arbitration. However, but if there is no majority decision, then the decision of the Chairperson governsChair will constitute the final binding decision. (ci) The Arbitration Board shall not have any authority to alter or change any provisions Each party will bear the expenses and costs of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms their respective presentation and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. Each of the parties to this Agreement will pay equally share the fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated in arbitrator. (j) The parties will be responsible for informing any third party likely to be adversely affected: (i) of the Grievance Procedure may time and place of the sitting of the board of arbitration; (ii) of the grievance to be appointed as a nominee placed before the board of arbitration; and (iii) of the right of that third party to the Board by either partybe present and represented.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application application, or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties party may, after exhausting the grievance procedure(s) any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the differences grievance or allegation to arbitration and the by a single arbitrator. The notice shall will contain the name name(s) of the first party's appointee ’s proposed arbitrator(s) and will be delivered to an Arbitration Board. The recipient of the notice shall other within ten (10) working days inform of the reply under Step 3. The recipient party will, within ten (10) working days, advise the other of the name of its proposed arbitrator(s). b) For matters mutually agreed by the parties, including the discharge of an employee, the grievance or allegation will be submitted to a Board of Arbitration. The notice will contain the name of the party’s appointee to a Board of Arbitration and will be delivered to the other within ten (10) working days of the reply under Step 3. The recipient party will, within five (5) working days, advise the other of the name of its appointee to the Arbitration Board. The Where the parties agree to a Board of Arbitration, the two appointees so selectedselected will, shall within ten five (105) working days of the appointment of the second of them, or a time mutually agreed upon, appoint a third person who shall will be the Chairperson. If the recipient of the notice party fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson Chairperson, within the time limit, the appointment shall will be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall will hear and determine the difference or allegation and shall will issue a decision and the decision is will be final and binding upon the parties and upon any nurse employees affected by it. The decision of a majority is will be the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson governswill govern. (c) The Arbitration Board shall not have any authority No person may be appointed as an arbitrator who has been involved in an attempt to alter negotiate or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to settle the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. grievance. d) Each of the parties to this Agreement hereto will pay bear the fees expenses of an arbitrator appointed by it and disbursements the parties will jointly share the expenses of its appointee to the Chairperson of the Arbitration board and Board, if any. e) The Board of Arbitration will share equally not be authorized to make any decision inconsistent with the fees and disbursements provisions of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee this Agreement, nor to the Board by either partyalter, modify or amend any part of this Agreement.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where 15.01 When a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrableAgreement, or where an allegation is made that this Agreement has been violatedcontravened, either of the parties may, after exhausting the any grievance procedure(s) procedure established by this Agreementagreement, notify the other party in writing of its it's desire to submit the differences difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. . 15.02 The recipient of the notice shall within ten (10) working days days, of receipt, inform the other party either that it accepts the other party's appointee as a single arbitrator or inform the other party of the name of its it's appointee to the Arbitration Board. The . 15.03 A single arbitrator will only be appointed by the mutual agreement of both parties. 15.04 Where two appointees are so selectedselected they shall, shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. chairperson. 15.05 If the recipient of the notice fails to appoint an arbitrator, arbitrator or if the two appointees fail to agree upon a Chairperson chairperson within the time limitlimits, the appointment shall be made by the Minister of Labour for Ontario Relations Board upon the request of either party. The . 15.06 A single arbitrator or the Arbitration Board Board, as the case may be, shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse employee or employer affected by it. . 15.07 The decision of a the majority is the decision of the Arbitration BoardBoard but, but if there is no majority majority, the decision of the Chairperson chairperson governs. (c) 15.08 The arbitrator or Arbitration Board Board, as the case may be, shall not have any authority to alter by decision add to, delete from, modify or change any otherwise amend the provisions of this Agreement Agreement. 15.09 The initial notice requesting submission of the grievance to an arbitrator or to substitute any new provision Board of Arbitration shall be delivered not later than ten (10) working days after the time limit for exhaustion of the applicable procedure contained in lieu thereof, this Agreement. 15.10 Any notice required under this Article shall be in writing by registered mail or to give any decision contrary personal delivery or by fax to the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision parties at their respective mailing addresses. 15.11 Each party may be represented at the arbitration by representatives of this Agreement. it's choice. 15.12 Each of the parties to this Agreement will pay shall bear the fees and disbursements expenses of its appointee it's nominee to the Arbitration board Board and will shall jointly share equally the fees and disbursements expenses of the Chairperson. No person who participated in the Grievance Procedure . 15.13 Time limits may be appointed extended by mutual agreement of the parties. 15.14 The term “working days” when used in this Article shall mean Monday to Friday inclusive, throughout the year, but excluding statutory holidays as a nominee to the Board by either partydefined in this Agreement.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 12.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreementAgreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties party may, after exhausting the grievance procedure(s) any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the arbitration. The notice shall contain the name of the first party's appointee to an any Arbitration BoardBoard and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient of the notice shall party shall, within ten five (105) working days inform days, advise the other party of the name of its appointee to the Arbitration Board. . 12.02 The two appointees so selectedselected shall, shall within ten fifteen (1015) working days of the appointment of the second of them, or a time mutually agreed upon, appoint a third person who shall be the Chairperson. If the recipient of the notice party fails to appoint an arbitrator, or if the two appointees fail to agree upon a Chairperson within the time limitlimits, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is shall be final and binding upon the parties and upon any nurse employee affected by it. The decision of a majority is shall be the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson governsshall govern. (c) The Arbitration Board shall not have any authority 12.03 No person may be appointed as an arbitrator who has been involved in an attempt to alter negotiate or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to settle the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision of this Agreement. grievance. 12.04 Each of the parties to this Agreement hereto will pay bear the fees expenses of an arbitrator appointed by it and disbursements the parties will jointly share the expenses of its appointee to the Chairperson of the Arbitration board and will share equally Board, if any. 12.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the fees and disbursements provisions of the Chairperson. No person who participated in the Grievance Procedure may be appointed as a nominee this Agreement, nor to the Board by either partyalter, modify or amend any part of this Agreement.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement agreement has been violated, either of the parties may, party may after exhausting the any grievance procedure(s) procedure established by this Agreementagreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration and the arbitration. The notice shall contain the name of the first party's ’s appointee to an Arbitration BoardBoard and shall be delivered to the other within thirty (30) days of the reply under Step 3 of the Grievance Procedure. The recipient of the notice shall party shall, within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. ) 8.02 The two appointees so selected, selected shall within ten (10) working days of the appointment of the second of them, appoint a third person who shall be the ChairpersonChairman. If the recipient of the notice party fails to appoint an arbitrator, its members or if the two appointees fail to agree upon a Chairperson within the time limitChairman, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision decision, and the decision is shall be final and binding upon the parties and upon any nurse employee affected by it. The decision of a majority is shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs. (c) 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 8.04 The Board of Arbitration Board shall not have any authority power to alter or change any of the provisions of this Agreement or agreement, nor to substitute any new provision in lieu thereofprovisions for any existing provisions, or nor to give any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof provisions of this agreement. 8.05 Where a grievance resulting from a discharge or to give any decisionsuspension, which adds to is filed under Article 7, is not settled and duly comes before an arbitration board, the board may make a ruling: (a) confirming the employer’s action; or (b) reinstating the employee with compensation for regular time lost (except for the amount of any remuneration or detracts compensation the employee has received from any provision other source pending the disposition of this Agreement. Each his case); or (c) disposing of the parties grievance in any other manner which may be deemed by the Board to this Agreement will pay the be just and equitable. 8.06 The fees and disbursements of its appointee to the Arbitration board and will share equally the fees and disbursements expenses of the Chairperson. No person who participated in Chairman shall be paid half each by the Grievance Procedure may be appointed as a nominee to Company and the Board by either partyUnion.

Arbitration. 14.1 No matter may be submitted to arbitration unless the grievance procedure and the time limits thereof have been strictly complied with. 14.2 The Union and the Employer shall endeavour to use a single arbitrator. (a) If The party wishing the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) Where a difference arises between the parties relating to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation go to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall within ten (10) working days inform the other party of the name reply in the last step of its appointee the grievance procedure submit three names to the Arbitration Boardsecond party. The two appointees so selected, second party shall agree to one arbitrator or present three different names. If within ten (10) working days no arbitrator has been agreed upon, then the parties shall agree to use a Board of the appointment of the second of them, appoint Arbitration and name their nominee within two (2) days. (b) The two (2) nominees shall attempt to select a third person who shall be the Chairperson. If the recipient by agreement to act as a Chairperson of the notice fails to appoint an arbitrator, or Board of Arbitration but if the two appointees fail they are unable to agree upon a Chairperson within the time limitten (10) days, the appointment shall be made by either nominee may request the Minister of Labour for Ontario upon the request Province of either party. Nova Scotia to select a Chairperson. 14.4 The Board of Arbitration (or single Arbitrator) may determine its own procedures, but shall give full opportunity to both parties to present evidence and make representations to it. 14.5 The Board shall hear and determine of Arbitration (or single Arbitrator) shall, unless the difference or allegation parties otherwise agree, commence the hearing within thirty (30) days and shall issue a rule on the grievance and render its decision and as expeditiously as possible but in any event no later than one (1) month from the date of the end of the arbitration hearing or within such longer times as may be mutually agreed upon by the parties. 14.6 The decision of the majority shall be the decision of the Board of Arbitration. Where there is final and binding upon a single Arbitrator, the parties and upon any nurse affected by itdecision of the single Arbitrator shall be the decision. The decision of a majority is the decision Board of Arbitration (or single Arbitrator) shall be final, binding and enforceable on all parties. 14.7 Should the parties disagree as to the meaning of the Arbitration Boarddecision, but if there is no majority either party may apply to the decision Arbitrator or the Chairperson of the Chairperson governsBoard of Arbitration to reconvene to clarify but not to change the decision. The Board of Arbitration (or single Arbitrator) shall then convene by telephone conference at the earliest possible date to hear the submissions of the parties and shall then, where required, issue a supplementary award clarifying its decision. 14.8 The Board of Arbitration (cor single Arbitrator) The Arbitration Board shall not have any authority the power to alter alter, amend, modify, change or change any provisions of this Agreement or to substitute any new provision in lieu thereof, or to give make any decision contrary to inconsistent with the express intent or terms and conditions in lieu thereof or to give any decision, which adds to or detracts from any provision provisions of this Agreement. A Board of Arbitration or single Arbitrator shall have the power to modify or set aside any unjust penalty of discipline, suspension or discharge, imposed by the Employer. 14.9 Each of the parties to this Agreement will the grievance shall bear the cost of their respective nominees and shall pay the one-half (½) of those fees and disbursements expenses of its appointee the Arbitrator or Chairperson not covered by the Provincial Department of Labour. 14.10 The time limits provided for in the arbitration procedure may be extended by consent of both parties to this Agreement. 14.11 At any stage of the arbitration procedure, the parties may have the assistance of the Employee(s) concerned as witnesses and all reasonable arrangements will be made to permit the parties or the Board of Arbitration or single Arbitrator to have access to the Arbitration board and will share equally the fees and disbursements of the Chairperson. No person who participated in the Grievance Procedure Board's premises to view any working conditions which may be appointed as a nominee relevant to the Board by either partygrievance.

Arbitration. (a) If the grievance is not settled, the Union will notify the Employer within thirty-six (36) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar days, the grievance shall be deemed abandoned. (b) 14.01 Where a difference arises between the parties relating to the interpretation, application or administration of this agreementAgreement, including any question as to whether a matter is arbitrablearbitral, or where an allegation is made that this Agreement has been violated, either of the parties may, may after duly exhausting the grievance procedure(s) procedure established by this Agreement, notify the other party in writing of its desire to submit the differences difference or allegation to arbitration in accordance with Section 48, or Section 49 of the Act, and the notice under Section 48 shall contain the name of the first party's ’s appointee to an Arbitration Board. The recipient of the notice shall shall, within ten five (105) working days days, inform the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected, selected shall within ten (10) working days of the appointment of the second of them, proceed to appoint a third person who shall be the ChairpersonChairman. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees (2) parties fail to agree upon a Chairperson Chairman within the time limitfifteen (15) days, the appointment shall be made by the Minister Director of Labour for Ontario the Office of Arbitration upon the request of either party. The If no such request is made to the Director of Arbitration within twenty (20) days of the date, either is entitled to make such a request, then such arbitration is terminated and the matters, sought to be arbitrated are no longer open to arbitration. When the arbitration proceeds, the Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any nurse employee affected by it. The decision of a the majority is the decision of the Arbitration Board, but if there is no majority majority, the decision of the Chairperson Chairman governs. (c) . The Arbitration Board shall not have any authority to alter or change any of the provisions of this Agreement or to substitute any new provision in lieu thereof, or to give any decision contrary to the express intent or terms and conditions of this Agreement, or in lieu thereof or to give any decisionway modify, which adds add to or detracts detract from any provision of this Agreement. Each of the parties to this Agreement agreement will pay the fees and disbursements of its appointee to the Arbitration board Boards and will share equally the fees and disbursements of the ChairpersonChairman. No person who participated in the Grievance Procedure Where both parties agree, a single arbitrator may be appointed as chosen rather than a nominee to Board of Arbitration. All expenses will be shared equally between the Board by either partyparties.

Arbitration. (a) If In the event the aggrieved person together with the Association is not satisfied with the disposition of the grievance is not settled, the Union will notify the Employer at Level Two or if no decision has been rendered within thirty-six twenty (3620) calendar days of the reply in Step 2 of their decision to proceed to Arbitration. If notice is not received within thirty-six (36) calendar dayswritten Level Two grievance request, the grievance may be submitted in writing within twenty (20) days to binding arbitration. The arbitrator shall be deemed abandoned. (b) Where a difference arises between mutually agreed to by the parties relating parties, or if they cannot agree, the arbitrator shall be selected by the American Arbitration Association in accordance with its rules which shall likewise govern the arbitration hearing. Neither party shall be permitted to assert in such arbitration proceeding any ground to or rely on any evidence not previously disclosed to the interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the differences or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Boardother. The recipient of the notice shall within ten (10) working days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected, shall within ten (10) working days of the appointment of the second of them, appoint a third person who It shall be the Chairperson. If the recipient function of the notice fails to appoint an arbitrator, and they/she/he shall be empowered, except as their/her/his powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific Articles and Sections of this Agreement. 1. It is expressly agreed that the power of the arbitrator shall be limited in each case to the resolution of the question submitted to them/him/her. It is further specifically agreed that the arbitrator shall have no power to add to, subtract from, or if modify, any of the two appointees fail terms of this Agreement. Arbitration shall be limited to agree upon a Chairperson within substantiated claim of misinterpretation, misapplication, or violation of the time limitnegotiated Agreement. When the arbitrability of the issue is challenged, the appointment arbitrator shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall first hear and determine rule on the difference or allegation and shall issue a decision and question of arbitrability before hearing the decision is final and binding upon merits of the parties and upon any nurse affected by itissue. The decision of a majority is the decision of arbitrator shall be final and binding on both parties, when the Arbitration Board, but if there is no majority arbitrator has not exceeded the decision of limitations placed upon arbitration by the Chairperson governs. (c) The Arbitration Board shall not have any authority to alter or change any provisions of this Agreement negotiated Agreement. 2. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. 3. No decision in any one case shall require retroactive adjustment in any other case. 4. They/She/He shall have no power to establish salary scales. 5. They/She/He shall have no power to rule on any of the following: a. The termination of services of or failure to substitute re-employ any new provision in lieu thereofpro- bationary teacher. b. The termination of services or failure to reemploy any teacher to a position other than their/her/his basic position. c. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, or to give including any decision contrary matter subject to the express intent or terms and conditions procedures specified in lieu thereof or to give any decisionthe Teacher's Tenure Act (Act IV Public Acts, which adds to or detracts from any provision Extra Session of 1937 of Michigan, as amended). d. Any matter involving teacher evaluation except as outlined in this Agreement. Each of the parties to this Agreement will pay the fees and disbursements of its appointee . e. Discretionary action reserved to the Arbitration board District. f. Curriculum, textbook selection, and will share equally the fees course content. g. Teacher assignment, transfer, and disbursements evaluation. h. Reduction in personnel except specific negotiated procedures; arbitration of the Chairperson. No person who participated in the Grievance Procedure may procedures shall be appointed as limited to a nominee to the Board by either partyprocedural remedy.