Common use of Arbitration Clause in Contracts

Arbitration. 10.01 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 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 nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where (a) If any Claim arises, the party making such Claim shall provide a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether written notice (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 nominee to an arbitration board and shall be delivered “Claim Notice”) to the other party hereto, specifying the nature of the Claim and thereafter, the parties shall negotiate in good faith to resolve such Claim expeditiously. If the parties do not resolve the Claim within fifteen forty-five (1545) working days of a Claim Notice, the reply under Step 2parties shall endeavor in good faith to resolve such Claim expeditiously using informal dispute resolution techniques, such as mediation, expert evaluation, or determination or similar techniques reasonably agreed by the parties. If the parties do not resolve the Claim within ninety (90) days of a Claim Notice, then the Claim shall be submitted to mandatory, final and binding arbitration administered by JAMS 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 recipient party shallplace of arbitration shall be New York, within ten (10) working days, advise the other of the name of its nominee to the arbitration boardNew York. 10.02 The two (2b) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who There shall be three (3) arbitrators, with one arbitrator to be appointed by each party and the Chairman. If third to be appointed by the two (2) nominees fail to arbitrators so appointed. The arbitrators shall be agreed upon by the parties within twenty (20) days of receipt by the respondent of a copy of the demand for arbitration. If the parties do not agree upon a Chairman arbitrators within the this time limitslimit, 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 cause. Any arbitrator appointed by JAMS shall be a retired judge or a practicing attorney with no less than twenty years of experience with corporate and limited liability company matters and an experienced arbitrator. In rendering an award, such arbitrators shall be required to follow the laws of the state of New York. (c) The arbitration shall be the sole and exclusive forum for resolution of the Claim, and the award shall be in writing, state the reasons for the Province of Ontarioaward, 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 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 upon the enforcement of any employee affected by itaward. The decision Without prejudice to such provisional remedies as may be available under the jurisdiction of a majority shall be the decision of the arbitration board, but if there is no majoritycourt, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act, including the power full authority to mediate/arbitrate the grievance, to enforce a settlement grant provisional remedies and to limit evidence direct the parties to request that any court modify or vacate any temporary or preliminary relief issued by such court, and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle award damages for the grievance. 10.04 Each failure of any party to respect the arbitrator’s orders to that effect. In any such judicial action: (i) each of the parties hereto will bear irrevocably and unconditionally consents to the expenses exclusive jurisdiction and venue of an nominee appointed by it 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 will jointly share irrevocably waives, to the expenses fullest extent they may effectively do so, any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens or any right of objection to jurisdiction on account of its place of incorporation or domicile, which it may now or hereafter have to the bringing of any such action or proceeding in any New York Courts; (iii) each of the Chairman parties irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid; and (iv) each of the arbitration board, if anyparties hereby irrevocably waives any and all right to trial by jury. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where When a difference arises between the parties relating party desires that a grievance be submitted to the interpretationarbitration, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, shall notify the other in writing party of its desire to submit the difference matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or allegation to arbitrationshould have been given. The notice shall contain the name matter is to be submitted to a single arbitrator to be chosen in rotation from a panel consisting of: ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ 10.02 If any individual of the party’s nominee above panel who, having been requested in their turn to act as arbitrator on an arbitration board and arbitration, shall be delivered 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. 10.03 The arbitrator shall not be deemed to be willing to act unless they are in the position to convene the hearing within twenty-eight (28) days from the date of their selection. In the event none of the above arbitrators is willing to convene a hearing within twenty-eight (28) days, the matter will be referred to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, Manitoba Labour Board which shall appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The 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 employee affected by itan arbitrator. The decision of a majority the arbitrator shall be given within a period of twenty-one (21) days after the closing of the arbitration hearing. 10.04 The arbitrator may determine their own procedure but shall give full opportunity to all parties to present evidence and to make representations. 10.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the arbitration boardCompany (or, but if there is no majorityin the case of a policy grievance, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 Union) at Step 2 of the Labour Relations Actgrievance procedure shall be presented to the arbitrator, including and the power award of the arbitrator shall be confined to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsissues therein set out. 10.03 No person may be appointed as an 10.06 In no event shall the arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 , nor shall they have the authority to make any decisions inconsistent with the provisions hereof. The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power authority, within the above limitations, to dispose of grievances in such manner as they may deem just in the circumstances. 10.07 The findings and decision of the arbitrator on all arbitrable questions shall be final and binding upon all parties concerned. 10.08 The Company and the Union shall each pay one-half (½) of the fees and expenses of the arbitrator. 10.09 No grievance may be submitted to arbitration which has not been properly carried through all the requisite Steps of the grievance procedure. 10.10 The time limits set out in the grievance procedure (Article 9) and the arbitration provisions (Article 10) are mandatory and may only be extended by mutual agreement in writing between the Company and the Union. 10.11 In the interest of settling a Board grievance prior to an arbitration hearing either party may request the assistance of Arbitrationa grievance mediator from the Manitoba Labour Board. In the event the costs of the mediator are not borne by the Province of Manitoba, the expenses and fees of the mediator shall be subject borne equally by the parties to the same limitations arbitration proceedings. 10.12 Grievances referred to arbitration concerning disciplinary matters and/or only affecting an individual employee shall be heard by a sole Arbitrator as herein before set out. In the sole discretion of either the Company or the Union, any policy grievance or other grievance which could potentially affect more than one employee at time of referral or in the future, shall be heard by a three (3) person panel. The chair shall be selected from one of the three individuals listed in Article 10.01 as per this article and the panel shall be completed by an appointee of the Union and an appointee of the Company. Time limits shall be followed in accordance with this article. If either the Company or the Union refer a grievance to arbitration pursuant to the expedited arbitration provisions of The Labour Relations Act, which involves a policy matter or a matter which could potentially affect more than one (1) employee, either party may request that this arbitration be heard by a three (3) person panel. In those instances, the parties agree that they shall appoint their nominees to the panel, which shall be chaired by the arbitrator elected by the Manitoba Labour Board. The parties further agree that the nominees shall be available to sit on the day set by the Manitoba Labour Board for the hearing of Arbitration hereunderthe matter in dispute.

Arbitration. 10.01 Where 24.5.1 If the Association decides to proceed to arbitration, it shall, within twenty (20) days of receipt after receipt of the written decision of the District in response to a 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 grievance that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreementprocessed at Level Three, notify the other Vice Chancellor of Human Resources in writing writing. 24.5.2 Within ten (10) days after receipt by the District of its desire the Association’s notification of intent to submit the difference or allegation proceed to arbitration. The notice , the District and the Association shall contain attempt to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. 24.5.3 If the name District and the Association cannot mutually agree upon the selection of an arbitrator within the party’s nominee to an arbitration board specified period of time, the District and the Association shall be delivered to the other within fifteen each submit five (155) working days names of the reply under Step 2. The recipient party shall, persons experienced in hearing grievances involving public schools within ten (10) working days, advise the other of the . Each party shall alternately strike a name of its nominee to the arbitration board. 10.02 until there is one name remaining. The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who remaining name shall be the Chairmanarbitrator. If The party that strikes first shall be determined by lot. 24.5.4 Advocates for the two parties in arbitration shall exchange all documentary material to be entered as evidence at least five (25) nominees fail days before the first day of hearing. The names of witnesses shall be exchanged at least five (5) days before the first day of hearing. Prior to agree upon a Chairman within the time limitsarbitration, the appointment Association and the District shall have equal access to documents and records that will assist in adjusting the grievance, as mutually determined by the parties. These provisions may be modified or waived by mutual agreement of the District and the Association. 24.5.5 The arbitration hearing shall be made private. Attendance shall be limited to the parties to the grievance and their representatives. Witnesses shall attend only while testifying. 24.5.6 If any question arises as to the arbitrability of the grievance, such question will be ruled upon by the Minister arbitrator and shall first be decided by the arbitrator before consideration of Labour for the Province merits of Ontariothe grievance. 24.5.7 The arbitrator’s decision will be in writing and will set forth the findings of fact, upon reasoning and conclusions of the request of either partyissue submitted. The arbitration board arbitrator will be without power of authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such financial reimbursement or other remedies as are consistent with the Agreement. 24.5.8 The arbitrator shall hear have no power to add to, subtract from, disregard, or modify the terms of this Agreement. The arbitrator shall be restricted from making a recommendation that is not based on a violation or inequitable application of the Agreement. The decision of the arbitrator will be submitted to the Association and determine to the difference or allegation District and shall issue a decision and the decision shall will be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsparties. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 (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 of the parties may, after exhausting any Grievance Procedure the grievance procedure(s) established by this Agreement, notify the other party in writing of its desire to submit the difference differences or allegation to arbitration. The arbitration and the notice shall contain the name of the first party’s nominee 's appointee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2Arbitration Board. The recipient party shall, of the notice shall within ten (10) working days, advise days inform the other party of the name of its nominee appointee to the arbitration board. 10.02 Arbitration Board. The two appointees so selected, shall within ten (2) nominees so selected shall, within fifteen (1510) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the ChairmanChairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two (2) nominees appointees fail to agree upon a Chairman Chairperson within the time limitslimit, the appointment shall be made by the Minister of Labour for the Province of Ontario, 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 shall be is final and binding upon the parties and upon any employee nurse affected by it. The decision of a majority shall be is the decision of the arbitration boardArbitration Board, but if there is no majority, majority the decision of the Chairman Chairperson governs. (c) The Arbitration Board shall governnot 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. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 Each of the Labour Relations Act, including parties to this Agreement will pay the power fees and disbursements of its appointee to mediate/arbitrate the grievance, to enforce a settlement Arbitration board and to limit evidence will share equally the fees and submissions. 10.03 disbursements of the Chairperson. No person who participated in the Grievance Procedure may be appointed as an arbitrator who has been involved in an attempt a nominee to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderby either party.

Arbitration. 10.01 Where Failing settlement of a difference arises between grievance under the parties relating preceding procedure, such grievance may be 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 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 nominee to an arbitration board and shall be delivered to the other within fifteen ten (1510) working days of either receipt of the reply under Step 2. The recipient party shall4 response or the expiry of the time limit for response by the Employer, or where the parties consent to proceed to Step 5, within ten (10) working days, advise days of receipt of either the other written recommendations from the Elders or the expiry of the name of its nominee to time limit for response by the arbitration boardElders, provided the grievance has been properly processed through the entire grievance procedure. 10.02 The two If a grievance is not referred to arbitration within the ten (2) nominees so selected shall, within fifteen (1510) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitsday 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 the Province of Ontario, upon other party to this Collective Agreement. (b) The following arbitration provisions shall apply: (i) At 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share meet and negotiate an Anishinabek Arbitration provision. Following the expenses negotiation of an Anishinabek Arbitration provision, the parties shall comply with the Anishinabek Arbitration provision and Article 10.03(b)(ii) shall be of no force and effect; (ii) Pending the negotiation of an Anishinabek Arbitration provision: A. the Employer and the Union will attempt to agree on a single Anishinabek Arbitrator; B. failing agreement on a single Anishinabek Arbitrator, the Employer and the Union shall each select one (1) nominee and these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a non-Anishinabek Chairperson; C. at any time and despite Articles 10.03(b)(ii)(A) and (B), with the consent of the Chairman of Employer and the arbitration board, if anyUnion a single Arbitrator may be used. 10.05 The Board of Arbitration (c) It is understood that the Arbitrator shall not be authorized to make any decision inconsistent interpret this Collective Agreement and shall only deal with the provisions of this Agreementquestions which are submitted, nor and shall have no power to alter, modify add to, or amend any part of this Collective Agreement. 10.06 (d) The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator Union shall each be responsible for the Board fees and expenses of Arbitration provided for herein (whether or not such Board has been constituted)its own appointee, if any, and for one-half (1/2) of the named sole arbitrator shall have fees and expenses of either the same power as a Board of Arbitration, and be subject individual appointed pursuant to the same limitations Anishinabek Arbitration provision as the Chairperson or a Board of Arbitration hereundersingle arbitrator agreed to by the parties.

Arbitration. 10.01 Where As a condition precedent to any right of action hereunder, in the event of any dispute or difference arises of 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 or with respect to whether 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 matter is arbitrable, or where party fails to choose an allegation is made that this Agreement has been violated, Arbiter within thirty (30) days following a written request by 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 nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of to name an Arbiter, the reply under Step 2party who has chosen its Arbiter may choose the unchosen Arbiter. The recipient party shallThereafter, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who Arbiters shall be the Chairmanchoose an Umpire before entering upon arbitration. If the two (2) nominees Arbiters fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour selection for the Province Umpire within thirty (30) days following their appointment, each Arbiter shall name three nominees, of Ontariowhom the other shall decline two, 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 employee affected made by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievancedrawing lots. 10.04 Each party shall present its case to the Arbiters and Umpire within a reasonable amount of time after selection of the parties hereto will bear Umpire, unless the expenses of an nominee appointed period is extended by it the Arbiters and the parties will jointly share Umpire in writing and/or at a hearing in Dallas, Texas. The Arbiters and Umpire shall consider this Agreement as an honorable engagement, as well as a legal obligation, and they are relieved of all judicial formalities and may abstain from following the expenses strict rules of law regarding entering of evidence. The decision in writing by a majority of the Chairman Arbiters and Umpire when filed with the Parties shall be final and binding on the parties. Judgment upon the final decision of the arbitration board, if anyArbiters and Umpire may be entered in any court of competent jurisdiction. 10.05 The Board In the event of Arbitration a dispute between the Company and the Reinsurer concerning this Agreement and the General Agency Agreement (regardless of whether either party has claims against the General Agent), the entire dispute between the Company and the Reinsurer shall not be authorized subject to make any decision inconsistent with the provisions of arbitration as provided in this Agreement, nor to alter, modify or amend any part of this Agreement.Article X. 10.06 The Employer costs of the arbitration, including the fees of the arbitrators and the Association mayumpire, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for shall be borne equally unless the Board Arbiters and Umpire shall decide otherwise. 10.07 This Agreement shall be interpreted under the laws of Arbitration provided for herein (whether or not such Board has been constituted), Texas and the named sole arbitrator arbitration shall have the same power as a Board of Arbitration, be governed and be subject conducted according to the same limitations as a Board of Texas General Arbitration hereunderAct.

Arbitration. 10.01 Where a difference arises between 8.01 Both parties to this Agreement agree that any grievance concern- ing the parties relating to the interpretation, application interpretation 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 violatedproperly carried through all the steps of the grievance procedure out- lined in Article 7 above, and which has not been settled, will be referred to a board of arbitration at the request of either party mayof the parties hereto. 8.02 The board of arbitration will be composed of one (1) person appointed by the Association, after exhausting any Grievance Procedure established one (1) person appointed by this Agreementthe Union and one (1) person to act as Chairman, notify chosen by the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name two (2) members of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen board. 8.03 Within two (152) working days of the reply under Step 2. The recipient request of either party shallfor a board, within ten (10) working days, advise each party shall notify the other of the name of its nominee to the arbitration boardappointee. 10.02 The two 8.04 Should the person chosen by the Association to act on the board and the person chosen by the Union fail to agree on a third member as Chairman within five (25) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed uponnotification mentioned in 8.03 above, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for of the Province of Ontario, upon Ontario 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 or allegation and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be of such board constituted in the decision of the arbitration boardabove manner, but or if there is no majority, the decision deci- sion of the Chairman Chairman, shall govern. Subject to Article 10.05, once appointedbe binding upon the employees, the Board Union, the Employer and the Association. 8.06 The board of Arbitration arbitration shall not have all powers as set out in Section 50 any power to alter or change any of the Labour Relations Act, including provisions of this Agreement or to substitute any new provisions for any existing provisions nor to give any decision inconsistent with the power to mediate/arbitrate the grievance, to enforce a settlement terms and to limit evidence and submissionsprovisions of this Agreement. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 8.07 Each of the parties hereto to this Agreement will bear the expenses expense of an nominee the arbitrator appointed by it and the parties will jointly share bear the expenses of the Chairman of the arbitration boardexpenses, if any, of the Chairman. 10.05 .01 The Board nature of Arbitration 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 written record of the grievance and may not be authorized subject to make 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 decision inconsistent with time limits may be extended by agreement in writing; .03 If advantage of the provisions of this AgreementArticles 7 and 8 hereof is not taken within the time limits specified therein or as extended in writing, nor as set out above, the grievance shall be deemed to alter, modify or amend any part of this Agreementhave been abandoned and may not be reopened. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where 30.01 If the Union and the Employer cannot reach a difference arises between settlement, then at the parties relating request of either party, the grievance shall be 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 Arbitrator. The party may, after exhausting any Grievance Procedure established by this Agreement, shall notify the other in writing party of its desire to submit the difference matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the Grievance Procedure was or allegation to arbitrationshould have been given. The notice shall contain the name 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 party’s nominee above panel who, having been requested in their turn to an arbitration board and act as Arbitrator, shall be delivered 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 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 be selected and so forth until an Arbitrator is named. In the event that none of the above is willing to convene a hearing within twenty-eight (28) days, then the matter will be referred to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person Manitoba Labour Board who shall be appoint an Arbitrator who is willing to convene the Chairmanhearing within twenty- eight (28) days from the date of their selection. If In the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The 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 employee affected by it. The decision of a majority shall be the decision case of the arbitration board, but if there is no majoritybeing expedited, the decision of the Chairman Arbitrator shall governbe given within twenty-one (21) days of the closing of the arbitration hearing. Subject to Article 10.05, once appointedNotwithstanding the above, the Board of Arbitration shall have all powers as grieving party may still exercise their right to the expedited process set out in Section 50 of the The Labour Relations ActAct for the Province of Manitoba if they so choose without using the process above. 30.04 The person selected as Arbitrator shall in no way be involved directly in the controversy under consideration or be a person who has a personal or financial interest in either party to the dispute. 30.05 The Arbitrator shall receive and consider such material evidence and contentions as the parties may offer. In reaching their decision, including the Arbitrator shall be governed by the provisions of this Agreement. 30.06 The Arbitrator shall not be vested with the power to mediate/arbitrate change, modify or alter any of the grievanceterms 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 any provisions of this Agreement, to enforce or which involves the determining of a settlement and to limit evidence and submissionssubject matter not covered by or arising during the term of this Agreement. 10.03 No person may be appointed as 30.07 In the event of termination, discharge or suspension of an employee, the arbitrator who has been involved in an attempt shall have the right to negotiate sustain the Employer's action or to reinstate the employee with full, part or no back pay, with or without loss of seniority, or to settle the grievancematter in any way they deem equitable. 10.04 Each 30.08 The findings and decisions of the Arbitrator on all arbitrable questions shall be binding and enforceable on all parties involved. 30.09 It is the intention of the parties hereto will bear the expenses that this Article shall provide a peaceful method of an nominee appointed by it and the adjusting all grievances so that there shall be no suspension or interruption of normal operations as a result of any grievances. 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 act in good faith in proceeding to make any decision inconsistent adjust grievances in accordance with the provisions of this Agreement, nor to alter, modify or amend any part of this AgreementArticle. 10.06 30.10 The Employer expenses and fees of the Association may, Arbitrator shall be borne equally by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject parties to the same limitations as a Board of Arbitration hereunderarbitration proceedings.

Arbitration. 10.01 Where 9.01 When a difference arises between the parties relating party desires that a grievance be submitted to the interpretationarbitration, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, shall notify the other in writing party of its desire to submit the difference matter to arbitration within fourteen (14) calendar days after the date the decision at Step 2 of the grievance procedure was or allegation to arbitrationshould have been given. The notice shall contain the name 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 party’s nominee above panel who, having been requested in his turn to act as arbitrator on an arbitration board and arbitration, shall be delivered 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 regular rotation of the 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 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 other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, Manitoba Labour Board which shall appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The 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 employee affected by itan arbitrator. The decision of a majority the 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 all parties to present evidence and to make representations. 9.05 In any arbitration, the written representation of the aggrieved employee at Step 2 of the grievance procedure (or, in the case of a policy grievance, the written representations of the Union or the Company at Step 2) and the decision of the arbitration boardGeneral Manager or his designate (or, but if there is no majorityin the case of a policy grievance, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 Union) at Step 2 of the Labour Relations Actgrievance procedure shall be presented to the arbitrator, including and the power award of the arbitrator shall be confined to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsissues therein set out. 10.03 No person may be appointed as an 9.06 In no event shall the arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 , nor shall he have the authority to make any decisions inconsistent with the provisions hereof. The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power 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 Board grievance prior to an arbitration hearing, the Company and the Union may request the assistance of Arbitration, 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 subject borne equally by the Company and the Union. It is expressly understood and agreed between the parties that any such mediator has no authority or powers under the terms of the Collective Agreement to impose or require the parties to accept his or her suggested settlement to the same limitations as a Board of Arbitration hereundermatter in dispute.

Arbitration. 10.01 Where a difference arises between 21.01 If the parties relating fail to settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration as follows: 21.02 The party requiring arbitration must serve the other party with written notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure. The reference to days excludes Saturdays, Sundays and public holidays. Time limits mentioned in this Article may be extended on consent of both parties. a. If a party wishes to arbitrate a dispute, it shall indicate whether it wishes to have this done by a board of arbitration or by a sole arbitrator. b. When either party requests that a grievance be submitted to arbitration, the request shall be 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 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 and shall contain the name of the first party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days Board of the reply under Step 2Arbitration. The recipient party of the notice shall, within ten (10) working days, advise the other of the name of days thereafter designate its nominee to the arbitration board. 10.02 Board of Arbitration. The two (2) nominees so selected shallnominated shall endeavour, within fifteen ten (1510) working days of after the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman 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 the time limits, ten (10) days after the appointment shall be made by of second person, then either party may request the Minister Office of Labour for Arbitration of the Province of Ontario, upon Ontario to appoint the request third member and Chairperson 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration Arbitration. All references in this Article to a board of arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power equally apply to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionssole arbitrator. 10.03 21.04 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievancegrievance may be appointed as chairperson of an arbitration board or as sole arbitrator. 10.04 Each 21.05 The decision of a majority is the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman decision of the arbitration boardboard but if there is no majority, if anythe decision of the chairperson of the arbitration board governs. 10.05 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 limits set out in the articles dealing with grievance and arbitration procedures, where it appears that the default was due to a reliance upon words or conduct of the other party. 21.09 The Board arbitration board is to be governed by the following provisions: a. The arbitration board shall hear and determine the subject of Arbitration the grievance and shall issue a decision which is final and binding upon the parties and upon any employee or Employer affected by it; b. The board shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations; c. The board shall not be authorized have the power to make alter or amend any decision inconsistent with of the provisions of this Agreement, nor to alter, modify except the time limits for grievances where the delay was occasioned by a reliance on words or amend any part conduct of this Agreement.the other party; 10.06 d. The Employer parties and the Association may, by written agreement, substitute for arbitrator shall have access to the Employer’s premises to view working conditions or operations that may be relevant to the resolution of a specific 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 or grievances is arbitrable; g. The board shall not have the power to amend this Agreement in order to give a named sole arbitrator for decision inconsistent with it. The decision of the majority of members of the Board of Arbitration provided for herein shall be the decision of the Board. If there is no majority, the decision of the Chairperson shall govern; h. Each of the parties shall pay one-half (whether or not such Board has been constituted)½) of the remuneration and expenses of the Chairperson of the board, and plus the named sole arbitrator shall have cost of its nominee. 21.10 Notwithstanding the same power as arbitration procedure outline above, a Board grievance, after the second step of Arbitrationthe grievance procedure, and may be subject referred to arbitration under the same limitations as a Board provisions of Arbitration hereunderThe Labour Relations Act.

Arbitration. 10.01 10.1 Where a difference arises between the parties Centre and the Union 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, and the grievance has not been resolved in the Grievance Procedure, either party may, after exhausting any Grievance Procedure established by this Agreement, of the parties may notify the other party in writing of its desire to submit the difference or allegation grievance to arbitration. The Such notice shall contain the name of the party’s nominee to an arbitration board and shall must be delivered given in writing to the other party within fifteen (15) working days after the written decision is rendered at Step 2 of the reply Grievance Procedure. If no written request for arbitration is received within fifteen (15) working days after the decision under Step 2. 2 is given, the grievance shall be deemed to have been abandoned. 10.2 The recipient party shall, within ten (10) working days, advise the other of Notice to Arbitrate shall contain the name of its a nominee to the arbitration board. 10.02 Board of Arbitration. Within fifteen (15) working days thereafter the other party shall name a nominee and notify the other party. The two (2) nominees so selected shall, appointed shall confer and attempt to select by agreement the Chair of the Board of Arbitration within fifteen (15) working days of from the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairmanlast nominee. If the two (2) nominees fail they are unable to agree upon such a Chairman within the time limitsChair, 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 partyOntario to appoint a Chair. The arbitration board Arbitration Board shall hear and determine the difference or allegation matter and shall issue a decision and the decision which shall be final and binding upon the parties and upon any employee employees affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 10.3 The Arbitration Board of Arbitration shall not be authorized have any authority to make alter or amend in any decision inconsistent with way the provisions of this Agreement; to substitute any new provisions in lieu thereof; to give any decision inconsistent with, nor to alteror contrary to, modify or amend any part the terms and conditions of this Agreement; in any way to modify, add to, or delete from any provision of this Agreement; or to consider any matter not covered by a provision of the Agreement. 10.06 The Employer and the Association may10.4 Each party shall pay its own expenses, 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)including witnesses, and the named sole arbitrator fees and expenses of the Arbitrator shall be borne equally by the parties. 10.5 The time limits and procedures set out in the Grievance and Arbitration provision herein are mandatory and failure to comply with such time limits and/or procedures except by the written agreement of the parties shall result in the grievance being deemed to have been abandoned. For the same power as a Board purposes of ArbitrationArticles 9 and 10, the term “working days” will exclude Saturdays, Sundays and Holidays. 10.6 No matter may be subject submitted to arbitration which has not been properly carried through all steps of the same limitations as a Board of Arbitration hereunderGrievance Procedure and within the time limits specified or any agreed upon written extension thereof.

Arbitration. 10.01 Where 26.01 When a difference arises between the parties relating to the interpretation, application application, or administration of this Agreement, 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 party of the parties may, after exhausting any Grievance Procedure grievance procedure established by this Agreementagreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The arbitration and the notice shall contain the name of the first party’s nominee 's appointee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2board. The recipient party of the notice shall, within ten (10) working days, advise inform the other party of the name of its nominee appointee to the arbitration board. 10.02 . The two (2) nominees appointees so selected shall, shall within fifteen (15) working days of the appointment of the second (2nd) of them or a time mutually agreed upon, appoint a third (3rd) person who shall be the Chairmanchairperson. If the recipient of the notice fails to appoint an arbitrator or if the two (2) nominees appointees fail to agree upon a Chairman chairperson within the time limitslimit, the appointment shall be made by the Ontario Minister of Labour for the Province of OntarioLabour, 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 is final and binding upon the parties and upon any employee or Employer affected by it. The decision of a the majority shall be is the decision of the arbitration board; but, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionschairperson governs. 10.03 26.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 26.03 Each of the parties hereto will jointly bear the expenses expense and fees of an nominee appointed by it the chairperson of the arbitration board and will pay all the parties will jointly share the fees and expenses of the Chairman nominee appointed. 26.04 The arbitration board shall not have any jurisdiction to alter or change any of the arbitration board, if any. 10.05 The Board provisions of Arbitration shall not be authorized this Agreement or to make substitute any new provisions in lieu thereof or to give a decision inconsistent with the terms and provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and 26.05 Any referral of the grievance or dispute between the parties to any Arbitration Board shall be made within thirty (30) days of receipt by the Association may, by written agreement, substitute for a specific of the reply under Step III of the grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderprocedure.

Arbitration. 10.01 Where a difference arises between a) 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 can be heard on one day, more than one grievance may be scheduled per day subject to the arbitrator’s direction. ii. the parties relating will prepare and sign a Joint Statement of the facts giving rise to the interpretationdispute, application or administration of this Agreementthe facts in dispute (to the extent practicable), including and any question agreement 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 the issues to be decided by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitrationarbitrator. The notice shall contain Joint Statement must be developed prior to scheduling the name hearing date. iii. each party will present three copies of a Case Statement at the outset of the hearing. The Case Statement will state the issues to be determined, the facts on which the party relies, and a summary of the position of the party’s nominee to an arbitration board , supported by documentary exhibits and shall be delivered references to the Collective Agreement, jurisprudence or other authorities. iv. witnesses may be called where the arbitrator rules that there is a 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 within fifteen (15) ten working days of the reply hearing date. Failure to meet a time limitation under Step 2. The recipient party shall, within ten (10) working days, advise this process will be deemed a technicality that does not invalidate the other of proceedings or the name of its nominee to the arbitration boardaward. 10.02 The two (2d) nominees so selected shallWhere the parties do not agree that a case is appropriate for this procedure, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall it will be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made dealt with 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 a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an same arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject conventional referral to the same limitations as a Board of Arbitration hereunderarbitration.

Arbitration. 10.01 Where a difference arises between If the Association elects arbitration, the Department of Human Resources or its designee and the Association or its designee shall discuss selection of an Arbitrator. If the parties relating agree on an Arbitrator, the District’s designee shall submit a request within five (5) work days to the interpretationselected individual to preside over the Grievance. In the event that the parties cannot agree on the choice of an Arbitrator, application or administration of this Agreement, including any question as to whether they shall submit 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 nominee to an arbitration board and shall be delivered joint request to the other within fifteen American Arbitration Association for a list of seven (157) working days Arbitrators skilled in arbitration of the reply under Step 2educational and/or clerical workplace issues. The recipient party shall, within Within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working work days of the appointment receipt of the second list, representatives of them or the Association and the District shall meet and alternately strike a time mutually agreed upon, appoint a third person who name on the list. The last name remaining shall be the Chairmanappointed Arbitrator. 5.4.3.2.1 The Arbitrator will have authority to hold hearings and make procedural rules. 5.4.3.2.2 All hearings held by the Arbitrator shall be in closed sessions and no news releases shall be made concerning progress of the hearings. 5.4.3.2.3 The Board and Association will present all relevant material so that the Arbitrator will have complete information upon which to base a decision. A copy of any information presented to the Arbitrator will be provided to the Association by the Board and to the Board by the Association in advance of the hearing. 5.4.3.2.4 The Association and the District will mutually exchange written witness lists at least two work days in advance of the hearing. 5.4.3.2.5 The Arbitrator will issue a report within thirty (30) business days after the close of the hearings and submission of any post hearing briefs. The Arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this agreement. 5.4.3.2.6 The Arbitrator’s report shall be submitted in writing to the Board and the Association only, and shall set forth the Arbitrator’s finding of fact, reasoning, conclusions, and recommendations on the issues submitted. The Arbitrator’s recommendations shall be consistent with law and with the terms of this Agreement. The Arbitrator’s report shall be advisory only, and not binding on the Board or the Association. 5.4.3.2.7 Within seven (7) work days after receiving the report of the Arbitrator, the Board’s designee and the Association’s designee will meet to discuss the report. If the two (2) nominees fail Association wishes to agree upon a Chairman within respond to the time limitsArbitrator’s recommendation, the appointment Association may submit a written response to the Board’s designee within fourteen (14) work days following the Association’s receipt of the report of the Arbitrator. The Board will review and consider any documents provided by the District or its designee and any response by the Association and shall accept or reject the Arbitrator’s recommended decision at the next regular meeting of the Board of Education after receipt of the Arbitrator’s recommended decision unless the Association and the Board agree in writing to extend this deadline. No public release may be made until after the issue has been submitted to the Board for its decision. 5.4.3.2.8 The costs for the services of the Arbitrator or mediator including per diem expenses, if any, plus actual and necessary travel and subsistence expenses, shall be made shared equally by the Minister Board and the Association. 5.4.3.2.9 Upon mutual written consent of Labour for the Province of OntarioAssociation and the Board, upon or at 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 arbitrator, the parties and upon any employee affected by it. The decision of may make a majority shall be the decision recording of the arbitration board, but if there is no majority, the decision proceedings. Any party may request an official stenographic record of the Chairman testimony of the hearings. The party requesting shall governpay the costs. Subject If the other party requests a copy of the record, both parties shall split the cost of making the stenographic record. 5.4.3.2.10 In appropriate cases, both parties may agree to follow the expedited rules and procedures of the American Arbitration Association or the Federal Mediation and Conciliation Services FMCS in processing any Grievance at Level III, except that the Arbitrator shall always be chosen pursuant 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 submissions5.5.3.2. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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, When either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing wishes to have a grievance referred to arbitration it shall give written notice of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered such referral to the other party within fifteen (15) working days of the reply under Step 2. The recipient party shalltime limits set out above, within ten (10) working days, advise and at the other of the name of same time appoint its nominee to the arbitration board. 10.02 The two Arbitration Board. Within nine (29) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitscalendar days, the appointment other party shall be made by appoint its nominee, provided that if such party fails to appoint its nominee, the Minister of Labour for the Province of Ontario, Ontario shall have power to effect such appointment upon application by the request of either partyparty invoking the arbitration procedure. The arbitration board two nominees shall hear and determine the difference or allegation and shall issue attempt to select, by agreement, a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision chairman of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsBoard. 10.03 10.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each 10.03 No matter may be submitted to arbitration which has not been properly carried through all requisite steps 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 anyGrievance Procedure. 10.05 10.04 The Arbitration Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify modify, add to, or amend any part of this Agreement. 10.06 10.05 The Employer proceedings of the Arbitration Board may be expedited by the parties hereto; and the Association maydecision 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 the nurse or nurses concerned. 10.06 Each of the parties hereto will bear the expense of the nominee appointed by it and the parties will share equally the fees and expenses of the chairman of the Arbitration Board. 10.07 The time limits set out in the Grievance and Arbitration Procedures herein are mandatory and failure to comply strictly with such time limits, except by the written agreementagreement of the parties, shall result in the grievance being deemed to have been abandoned, subject only to the provisions of Section 44(6) of the Labour Relations Act. 10.08 Wherever Arbitration Board is referred to in this Agreement, the parties may mutually agree in writing to substitute for a specific grievance or grievances a named sole single arbitrator for the Arbitration Board of Arbitration provided for herein (whether or not such Board has been constituted), at the time the reference to arbitration and the named sole arbitrator other provisions referring to Arbitration Board shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderapply accordingly.

Arbitration. 10.01 Where a difference arises between the parties relating to 23.01 Any grievance 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 violatedprocessed through the grievance procedure and which has not been settled, will be referred to arbitration at the request of 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 arbitrationparty. The notice shall contain the name of the party’s nominee to an for arbitration board and shall must be delivered to the other given in writing within fifteen (15) working days after receipt of the reply under 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 recipient party shallreceiving 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) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them notice for arbitration, or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) if their nominees fail to agree upon appoint a Chairman within chairperson as provided above, either party may request that the time limits, the appointment shall be made by the Ontario Minister of Labour for make the Province nomination. 23.04 The Board of Ontario, upon the request of either party. The arbitration board Arbitration or single Arbitrator shall hear and determine the difference or allegation matter and shall issue a decision and the decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of a the majority shall be the decision of the arbitration boardBoard of Arbitration or single Arbitrator, but if there is no majoritymajority decision, the decision of the Chairman chairperson shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 23.05 The Board of Arbitration or single Arbitrator shall not be authorized have any power to make add to, delete from, or modify the provisions of this Agreement or to substitute any new provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 23.06 Each party hereto shall bear its own costs and incidentals to any such arbitration proceedings. The Employer fees and charges of the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for Chairperson of the Board of Arbitration provided for herein (whether or not single Arbitrator shall be borne equally by the parties hereto. 23.07 Employees whose attendance is required at arbitration hearings shall receive permission from the Employer to be absent from work. Time spent in such Board has been constituted), and proceedings during the named sole arbitrator working day shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderconsidered time worked.

Arbitration. 10.01 8.01 Where a difference arises between the parties relating to the interpretation, application or administration of this Agreementagreement, 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 party may, may after exhausting any Grievance Procedure grievance procedure established by this Agreementagreement, 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 nominee appointee to an arbitration board Arbitration Board and shall be delivered to the other within fifteen thirty (1530) working days of the reply under Step 23 of the Grievance Procedure. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee appointee to the arbitration boardArbitration Board. 10.02 8.02 The two (2) nominees appointees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, shall appoint a third person who shall be the Chairman. If the recipient party fails to appoint its member or if the two (2) nominees appointees fail to agree upon a Chairman within the time limitsChairman, the appointment shall be made by the Minister of Labour for 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 shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsBoard. 10.03 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 8.04 The Board of Arbitration shall not be authorized have power to make alter or change any of the provisions of this agreement, nor to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement, nor to alter, modify or amend any part of this Agreementagreement. 10.06 8.05 Where a grievance resulting from a discharge or suspension which is filed under Article 7 is not settled and duly comes before an arbitration board, the board may make a ruling: (a) Confirming the employer’s action; or (b) Reinstating the employee with compensation for regular time lost (except for the amount of any remuneration or compensation the employee has received from any other source pending the disposition of his case); or (c) Disposing of the grievance in any other manner that may be deemed by the board to be just and equitable. 8.06 The Employer fees and expenses of the Chairman shall be paid one- half each by the Company and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderUnion.

Arbitration. 10.01 11.01 Where a difference arises between the parties Parties relating to the interpretationadministration, application application, interpretation 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 party the grieving Party may, within twenty (20) working days after exhausting any Grievance Procedure established by this Agreementthe Step 2 written response is received or due, 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 nominee to an arbitration board and shall be delivered provide written notification to the other within fifteen 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 (153) working days proposed arbitrators. If the responding Party does not agree to any of the reply under Step 2. The recipient party shall3 proposed arbitrators, it will propose three (3) alternate arbitrators within ten (10) working days, advise the other of the name of its nominee to days after receiving the arbitration boardreferral. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. 11.04 If the two Parties cannot agree on an arbitrator within thirty (230) nominees fail to agree upon a Chairman within calendar days after the time limitsresponding Party received the initial arbitration referral, 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 any bargaining unit employee whom the Province of Ontario, upon the request of either partyUnion wishes to attend an arbitration hearing. The 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 board shall 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 shall issue a decision and the grievance. 11.08 The Arbitrator’s decision shall be final and binding upon the parties Parties and upon any employee affected by it. The decision of a majority shall be , subject to the decision of limitation that the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration Arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized no authority to make any decision that is inconsistent with the provisions terms of this AgreementAgreement or to add to, nor to subtract from, change, alter, modify or amend any part of the provision(s) of this Agreement. 10.06 11.09 The Employer Arbitrator shall deal solely with the matter in dispute within the confines of this Agreement and any legislation over which the Association mayArbitrator 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 Arbitrator’s decision, either Party may apply to the Arbitrator to clarify the decision. This provision shall not be interpreted such as to prevent either Party from seeking judicial review of an arbitrator’s decision. 11.11 The time limits referred to in this Article 11 may be extended by written agreement, substitute for a specific grievance mutual agreement of the Parties. 11.12 Nothing in this Article shall prevent the Union or grievances a named sole arbitrator for the Board University from exercising its right to use Section 49 of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderLabour Relations Act.

Arbitration. 10.01 Where a difference arises between the parties relating 8.01 When either party requests that any matter be submitted to arbitration as hereinbefore provided, it shall make such request, in writing, addressed to the interpretation, application or administration of other party to this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify and at 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 nominee to an arbitration board and shall be delivered to the other within same time appoint their nominee. 8.02 Within fifteen (15) working days of the reply under Step 2. The recipient party shallthereafter, within ten (10) working days, advise the other of party shall appoint their nominee and notify the name of its nominee to the arbitration boardother party. 10.02 8.03 The two (2) nominees so selected nominated shall, within fifteen (15) working days of the appointment nomination of the second latter of them or a time mutually agreed uponthem, appoint a attempt to settle by agreement the selection of the third person who shall to be a member and chairperson of the ChairmanArbitration Board. If In the event the two (2) nominees fail are unable to agree upon a Chairman within the time limitsagree, the appointment shall be made by the Minister of Labour for the Province of OntarioLabour, upon the request of either party. The Party, may appoint the chairperson. 8.04 No matter may be submitted to 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 employee affected by it. The decision of a majority shall be the decision which has not been carried through all requisite steps of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsGrievance Procedure. 10.03 8.05 No person may be appointed as an arbitrator a nominee or chairperson who has been directly or indirectly involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 8.06 The Board of Arbitration arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify modify, add to or amend any part of this Agreement. 10.06 8.07 The Employer proceedings of the Arbitration will be expedited by the parties hereto and the Association may, decision of the Arbitrator will be final and binding upon the parties hereto and the employee or employees concerned. 8.08 Each of the parties hereto will jointly bear the fees and expenses of the Arbitrator. Each of the parties hereto will bear the fee and expenses of the nominee appointed by written agreement, substitute them. 8.09 The time limits fixed in both the Grievance and Arbitration Procedure may be extended by consent of the parties of this Agreement. 8.10 A griever or any employee with a legally vested interest shall not lose any pay for a specific grievance or grievances a named sole arbitrator regular time spent at an Arbitration Hearing. Necessary witnesses shall not lose any pay for the Board day(s) of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereundertestimony.

Arbitration. 10.01 Where a difference arises between In the parties relating event the aggrieved person together with the Association is not satisfied with the disposition of the grievance at Level Two or if no decision has been rendered within twenty (20) days of the written Level Two grievance request, the grievance may be submitted in writing within twenty (20) days to binding arbitration. The arbitrator shall be mutually agreed to by the 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 interpretationother. It shall be the function of the arbitrator, application or administration 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, including any question as to whether a matter is arbitrablesubtract from, or where an allegation is made that this Agreement has been violatedmodify, either party may, after exhausting any Grievance Procedure established by of the terms of this Agreement. Arbitration shall be limited to a substantiated claim of misinterpretation, notify misapplication, or violation of the other in writing negotiated Agreement. When the arbitrability of its desire to submit the difference or allegation to arbitrationissue is challenged, the arbitrator shall first hear and rule on the question of arbitrability before hearing the merits of the issue. The notice shall contain the name decision of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision arbitrator shall be final and binding on both parties, when the arbitrator has not exceeded the limitations placed upon the parties and upon any employee affected arbitration by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this negotiated Agreement. 2. The fees and expenses of the arbitrator shall be shared equally by the Board and the Association. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. 3. No decision in any one case shall require retroactive adjustment in any other case. 4. He/she shall have no power to establish salary scales. 5. He/she shall have no power to rule on any of the following: a. The termination of services of or failure to re-employ any pro- bationary teacher. b. The termination of services or failure to reemploy any teacher to a position other than his/her basic position. c. Any claim or complaint for which there is another remedial procedure or forum established by law or by regulation having the force of law, nor including any matter subject to alterthe procedures specified in the Teacher's Tenure Act (Act IV Public Acts, modify or amend any part Extra Session of 1937 of Michigan, as amended). d. Any matter involving teacher evaluation except as outlined in this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject e. Discretionary action reserved to the same limitations as District. f. Curriculum, textbook selection and course content. g. Teacher assignment, transfer and evaluation. h. Reduction in personnel except specific negotiated procedures, arbitration of procedures shall be limited to a Board of Arbitration hereunderprocedural remedy.

Arbitration. 10.01 Where 29.01 The Party desiring arbitration shall submit a difference arises between the parties relating to the interpretation, application or administration list of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, four (4) Arbitrators and shall notify the other Party in writing of its desire to submit the difference or allegation to arbitration. name and address of the persons so nominated and particulars of the matter in dispute. 29.02 The Party receiving the notice shall contain within five (5) days thereafter notify the name other Party of its selection, if any, from the Arbitrators submitted. 29.03 Failing agreement, the two (2) parties shall confer to select an Arbitrator and failing for three (3) days to agree upon a person willing to act, either of them may apply to the Honourable Minister of Labour to appoint an Arbitrator. 29.04 The Arbitrator shall sit, hear the Parties, settle the terms of the party’s nominee question to an arbitration board be arbitrated, and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, make its award within ten (10) working days, advise days from the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days date of the appointment of the second Chairman, provided the time may be extended by agreement of them the Parties. 29.05 If the Arbitrator finds that an employee has been unjustly suspended, discharged, or laid- off, that employee shall be reinstated by the 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 time mutually agreed uponparticular 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 Chairman. If designate within five (5) days, and the two (2) nominees fail to designates selected shall agree upon a Chairman Chairperson within the time limitsfive (5) additional days. Failing agreement upon a Chairperson, the appointment parties shall be made by apply to the Honourable 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 a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out outlined 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 submissions29.03 above. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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, 7.01 When 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 requests that a grievance be submitted to arbitration. The notice shall contain , the name of the party’s nominee to an arbitration board and request shall be delivered made by registered mail addressed to the other party of the Agreement, within fifteen forty (1540) working days following the exhaustion of the reply under Step 2. The recipient party shallgrievance procedure, within ten (10) working days, advise the other of 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. 10.02 Arbitration Board. The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who appointees shall be the Chairman. select an impartial chair. 7.02 If the two (2) nominees appointees fail to agree upon a Chairman Chair within the time limitsseven (7) days of their appointment, the appointment shall be made by the Minister of Manitoba Labour for the Province of 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 shall be time he holds his final and binding upon the parties and upon any employee affected by it. meeting. 7.04 The decision of the majority of the members of the Arbitration Board is the decision of the Arbitration Board and, if there is no decision that is common to a majority of the members, the decision of the Chair of the Arbitration Board shall be deemed to be the decision of the arbitration board, but if there is no majority, the Arbitration Board. The decision of the Chairman Arbitration Board shall governbe final, binding and enforceable on all parties. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized have the power to make any decision inconsistent with the provisions of change this Agreement, nor Agreement or to alter, modify or amend any part of its provisions or make any decision contrary to the provisions of this Agreement. 10.06 The Employer 7.05 Each party shall pay: a) the fees and expenses of the nominee it appoints, and b) one-half (½) of the fees and expenses of the Chair. 7.06 In the case of dismissal of, or other discipline to any employee (except an employee in her probationary period) for just cause, the justification for the dismissal or discipline and the Association may, by written agreement, substitute for a specific nature and extent of the penalty imposed shall be subject to grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), as hereinbefore set out and the named sole arbitrator Arbitrator shall have the same power as authority to provide the penalty which in his opinion appears to be just and equitable. 7.07 The time limits in both the grievance and arbitration procedure may be extended by mutual agreement and shall be confirmed in writing. 7.08 Nothing herein shall prohibit the parties from agreeing on a Board single arbitrator. If the parties so agree, the provisions of Arbitration, and be subject this article relating to an arbitration board shall apply mutatis mutandis to the same limitations as a Board of Arbitration hereundersingle arbitrator.

Arbitration. 10.01 Where 13:01 If a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter grievance is arbitrable, or where an allegation is made that this Agreement has been violatednot settled at Step 3, either party may, after exhausting any Grievance Procedure established by this Agreement, may notify the other in writing within a further period of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days after receiving the written reply that it intends to proceed to arbitration. The notice of intention to proceed to arbitration shall contain the details of the reply under Step 2. The recipient party shallgrievance, within ten (10) working days, advise the other a statement of the name issue in dispute, and a statement of its nominee to the arbitration boardtype of remedy sought by the party from an arbitrator. 10.02 13:02 The two 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 next person named shall be selected: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ If the person selected is unavailable within a reasonable time, the next person on the list shall be selected. Should 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 twenty (2) nominees so selected shall, within fifteen (1520) working days of the appointment notice of intent to proceed to arbitration. In the second of them or a time mutually agreed upon, appoint a third person who shall be event that the Chairman. If the two (2) nominees fail parties are unable to agree upon on a Chairman hearing within the time limitsa reasonable time, the appointment shall be made by either party may request that the Minister of Labour for appoint a Sole Arbitrator. 13:03 An arbitrator shall not have the Province authority to make any decision which is inconsistent with the terms of Ontario, upon the request Agreement nor to add to or amend any of either partythe terms of the Agreement. The arbitration board jurisdiction of the arbitrator shall hear and determine be confined to the difference or allegation and shall issue a in dispute. The decision and of the decision arbitrator shall 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 employee 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 majority shall be unanimous or one reached by the majority of the members of the board; provided, however, that if there is no majority decision of the board then the decision of the arbitration board, but if there is no majority, Chairperson shall constitute the final and binding decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsboard. 10.03 No person 13:07 Saturdays, Sundays and University holidays will not be counted in determining the time within which action is to be taken or completed under the Grievance Procedure. 13:08 Time limits set forth in this article may be appointed as an arbitrator who has been involved extended by mutual agreement in an attempt to negotiate or settle the grievance. 10.04 Each of writing between 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 anyhereto. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where 14:01 If a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter grievance is arbitrable, or where an allegation is made that this Agreement has been violatednot settled at Step 2, either party may, after exhausting any Grievance Procedure established by this Agreement, may notify the other in writing within a further period of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days (five [5] days in the case of a suspension or discharge grievance) after receiving the written reply that it intends to proceed to arbitration. The notice of intention to proceed to arbitration shall contain the details of the reply under Step 2. The recipient party shallgrievance, within ten (10) working days, advise the other a statement of the name issue in dispute, and a statement of its nominee to the arbitration boardtype of remedy sought by the party from an arbitrator. 10.02 14:02 The two 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 next person named shall be selected: ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ If the person selected is unavailable within a reasonable time, the next person on the list shall be selected. Should 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 twenty (2) nominees so selected shall, within fifteen (1520) working days of the appointment notice of intent to proceed to arbitration. In the second of them or a time mutually agreed upon, appoint a third person who shall be event that the Chairman. If the two (2) nominees fail parties are unable to agree upon on a Chairman hearing within the time limitsnine (9) months, the appointment shall be made by either party may request that the Minister of Labour for appoint a Sole Arbitrator. 14:03 An arbitrator shall not have the Province authority to make any decision which is inconsistent with the terms of Ontario, upon the request Agreement nor to add to or amend any of either partythe terms of the Agreement. The arbitration board jurisdiction of the arbitrator shall hear and determine be confined to the difference or allegation and shall issue a in dispute. The decision and of the decision arbitrator shall 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 employee 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 majority shall be unanimous or one reached by the majority of the members of the board; however, if there is no majority decision of the board, then the decision of the arbitration board, but if there is no majority, Chairperson shall constitute the final and binding decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsboard. 10.03 No person 14:07 Saturdays, Sundays and University holidays will not be counted in determining the time within which action is to be taken or completed under the Grievance Procedure. 14:08 Time limits set forth in this article may be appointed as an arbitrator who has been involved extended by mutual agreement in an attempt to negotiate or settle the grievance. 10.04 Each of writing between 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 anyhereto. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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, (a) When either party mayrequests that a grievance be submitted to arbitration, after exhausting any Grievance Procedure established by this Agreement, notify such party shall make the other request in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered addressed to the other within fifteen (15) working days of the reply under Step 2party to this Agreement. The recipient party shall, within Within ten (10) working days, advise the other parties shall meet and attempt to select an impartial arbitrator from their pre- established list of arbitrators as outlined in 8.01(b). (b) The parties will select from a pre-established list of impartial arbitrators. 8.02 Where none of the name of its nominee to arbitrators from the arbitration board. 10.02 The two pre-established list are available within ninety (290) nominees so selected shallworking days, the parties shall jointly, within fifteen five (155) working days of the appointment of the second of them or a time mutually agreed upondays, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by request the Minister of Labour for to submit to them a list of five (5) names from which the Province of Ontario, upon the request of either partyarbitrator will be selected by striking. The party requesting arbitration board shall hear first strike one name from the list and determine the difference or allegation and each party shall issue a decision and the decision thereafter strike names alternatively until one remains. The person whose name remains shall be final and binding upon designated as the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsarbitrator. 10.03 8.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto 8.04 The unsuccessful party will bear the expenses of an nominee appointed by it and the parties will jointly share impartial arbitrator subject to the Arbitrator's discretion. Each party shall bear the expenses of their witnesses. 8.05 Subject to the Chairman provisions of Article 7 above, no matter may be submitted to Arbitration, which has not been carried through Stage Two of the arbitration board, if anygrievance 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 at least two weeks in advance of the hearing date. 10.05 8.06 The Arbitration Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this the Agreement, nor to alter, modify or amend any part of the Agreement, and shall deal only with differences between the parties arising from the interpretation, application, administration or alleged violation of this AgreementAgreement including any question as to whether a matter is arbitrable. 10.06 8.07 The Employer and proceedings of the Association may, Arbitration Board will be expedited 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)parties hereto, and the named sole arbitrator shall decision of such Board will be final and binding upon the parties hereto. 8.08 At any stage of the grievance procedure, including arbitration, the conferring parties may have the same power as a Board assistance of Arbitrationthe employee, or employees, concerned and any necessary witnesses, or documents relevant to the issue, and all reasonable arrangements will be subject made to permit the conferring parties to have access to the same limitations as a Board of Arbitration hereunderplant to view disputed operations and to confer with the necessary witnesses.

Arbitration. 10.01 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, 7.01 When 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 requests that a grievance be submitted to arbitration. The notice shall contain , the name of the party’s nominee to an arbitration board and request shall be delivered made by registered mail addressed to the other party of the Agreement, within fifteen forty (1540) working days following the exhaustion of the reply under Step 2. The recipient party shallgrievance procedure, within ten (10) working days, advise the other of 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. 10.02 Arbitration Board. The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who appointees shall be the Chairman. select an impartial chair. 7.02 If the two (2) nominees appointees fail to agree upon a Chairman Chair within the time limitsseven (7) days of their appointment, the appointment shall be made by the Minister of Manitoba Labour for the Province of 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 shall be time a final and binding upon the parties and upon any employee affected by it. meeting is held. 7.04 The decision of the majority of the members of the Arbitration Board is the decision of the Arbitration Board and, if there is no decision that is common to a majority of the members, the decision of the Chair of the Arbitration Board shall be deemed to be the decision of the arbitration board, but if there is no majority, the Arbitration Board. The decision of the Chairman Arbitration Board shall governbe final, binding and enforceable on all parties. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized have the power to make any decision inconsistent with the provisions of change this Agreement, nor Agreement or to alter, modify or amend any part of its provisions or make any decision contrary to the provisions of this Agreement. 10.06 The Employer 7.05 Each party shall pay: a) the fees and expenses of the nominee it appoints, and b) one-half (½) of the fees and expenses of the Chair. 7.06 In the case of dismissal of, or other discipline to any Employee (except an Employee in their probationary period) for just cause, the justification for the dismissal or discipline and the Association may, by written agreement, substitute for a specific nature and extent of the penalty imposed shall be subject to grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), as hereinbefore set out and the named sole arbitrator Arbitrator shall have the same power as authority to provide the penalty which in the opinion appears to be just and equitable. 7.07 The time limits in both the grievance and arbitration procedure may be extended by mutual agreement and shall be confirmed in writing. 7.08 Nothing herein shall prohibit the parties from agreeing on a Board single arbitrator. If the parties so agree, the provisions of Arbitration, and be subject this article relating to an arbitration board shall apply mutatis mutandis to the same limitations as a Board of Arbitration hereundersingle arbitrator.

Arbitration. 10.01 Where a 9.01 Failing settlement under the grievance procedure of any difference arises between the parties relating to arising from the interpretation, application application, administration or administration alleged violation of this Agreement, 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 maymay within fourteen (14) calendar days following a reply in the final step of the grievance procedure, after exhausting any Grievance Procedure established by this Agreement, notify submit such grievance to arbitration as set out hereunder. 9.02 The notice shall be in writing addressed to the other in writing of its desire to submit the difference or allegation to arbitration. The notice party and shall contain the name of the first [1st] party’s nominee to an arbitration board and shall be delivered 's appointee to the other within fifteen Board of Arbitration. 9.03 Within fourteen (1514) working calendar days thereafter the recipient of the reply under Step 2. The recipient party shall, within ten (10) working days, advise notice shall inform the other party of the name of its nominee appointee to the arbitration boardBoard. 10.02 9.04 The two (2) nominees so selected shall, appointees shall within fifteen fourteen (1514) working calendar days of the appointment of the second [2nd] of them or a time mutually agreed uponthem, appoint select a third [3rd] person who shall be the ChairmanChairperson. If the two (2) nominees parties fail to agree upon a Chairman Chairperson within the time limitsprescribed, the appointment shall be made by either party may request 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 to appoint a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsChairperson. 10.03 9.05 No person may be appointed as an arbitrator Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 (a) The Arbitration Board of Arbitration shall not be authorized have jurisdiction to make amend or add to any decision inconsistent with of the provisions of this Agreement, nor or to altersubstitute any provision in lieu thereof, modify or amend to give any part decision inconsistent with the terms and provisions of this Agreement. 10.06 The (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 mayas comprising a part hereof, by 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 agreement, substitute for a specific grievance or grievances a named sole arbitrator for decision of the majority of the Board of Arbitration provided for herein (whether or not such Board has been constituted)if there is no majority, of the Chairperson shall be final and binding upon the Employer, the Association and the named sole arbitrator nurse or nurses concerned. 9.09 Each of the parties will bear the expense of the Arbitrator appointed by it and each of them shall have pay half the same power as a Board remuneration and expenses of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderChairperson.

Arbitration. 10.01 Where a difference arises between (a) The parties agree that any grievance which has been properly carried through all of the above steps and which has not been settled shall, upon the written request of one of 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 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 within thirty-one (31) days of the party’s nominee to an arbitration board answer of the Joint Standing Committee and shall be delivered to the other party within such time, be referred to a Board of Arbitration or, if the Company and the Union agree, to a single arbitrator. (b) If no written request is received within the time stipulated, the grievance shall be deemed to have been settled in accordance with the answer made by the Employer designate and shall not be submitted to arbitration or be arbitrable. (c) In the case of a Board of Arbitration the board will be composed of one person appointed by the Employer, one person appointed by the Union, and a third person to act as Chairman, to be chosen by the other two members of the Board. Within fifteen (15) working days of the reply under Step 2. The recipient request by either party, each party shall, within ten (10) working days, advise shall notify the other of the name of its nominee to the arbitration boardhis appointee. 10.02 The two (2d) nominees so selected shall, within fifteen (15) working days of Should the appointment of person chosen by the second of them or a time mutually agreed upon, appoint Employer to act on the Board and the person chosen by the Union fail to agree on a third person who shall be the Chairman. If the two within three (23) nominees fail to agree upon a Chairman within the time limitsweeks of notification as set out above, the appointment shall be made by the Minister of Labour for the Province of OntarioOntario may be asked to nominate a person to act as Chairman. (e) Decisions of the Board of Arbitration, 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 majority thereof, shall be final and binding upon the parties and upon any employee affected by iton both parties. The decision Decisions of a majority sole arbitrator shall be the decision binding on both parties. (f) The Board of Arbitration or a sole arbitrator shall not have any power to alter, modify, amend or change any of the arbitration boardprovisions of this Agreement or to substitute any new provisions, but if there is no majority, or to give any decision inconsistent with the decision terms and provisions of this Agreement or to deal with any matter not covered by the agreement. (g) The fees of the Chairman shall govern. Subject to Article 10.05, once appointed, the of a Board of Arbitration shall have all powers as set out Arbitration, or the fees of a single arbitrator, will be paid 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 submissionsequal shares by both parties. 10.03 (h) No person may will be appointed selected as an arbitrator who has been directly involved in an attempt attempts to negotiate or settle the grievance. 10.04 Each (i) Whenever a grievance is referred to arbitration in the case of the parties hereto will bear the expenses dismissal of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the Employee, such arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make take precedence over any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have other arbitration case being studied at the same power as a Board of Arbitrationtime, and be subject to provided the same limitations as a Board of Arbitration hereunderrules stipulated in the present Agreement are not violated.

Arbitration. 10.01 Where 8.01 If the procedures set forth in Section 7.01, Step A and Step B, do not result in a difference arises solution being reached within seven (7) days of the first discussion between a business representative of the parties relating to Union and a representative of the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrableCompany, or where within such further period as the Company and the Union agree to in writing, the dispute shall be referred to an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, Arbitration Board of three (3) persons appointed as follows: (a) The Party desiring arbitration shall appoint a member for the Board and shall notify the other Party in writing of its desire to submit the difference or allegation to arbitration. name and address of the person so appointed and particulars of the matter in dispute. (b) The Party receiving the notice shall contain within five (5) days appoint a member for the name of the party’s nominee to an arbitration board Board and shall be delivered to notify the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name Party of its nominee to the arbitration boardappointment. 10.02 (c) The two (2) nominees Arbitrators so selected shallappointed, within fifteen shall confer to select a third person to be Chairman, and failing for three (153) working days of from the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitsperson willing to act, the appointment shall be made by either of them may apply to the Minister of Labour for of British Columbia to appoint such third member. (d) The Arbitration Board shall sit, hear the Province Parties, settle the terms of Ontariothe question to be arbitrated, upon and make its award within ten (10) days from the request date of either party. the appointment of the Chairman, provided the Parties may extend the time by agreement in writing. (e) The arbitration board shall hear and determine the difference or allegation and shall issue Parties may mutually agree that a decision and the decision shall sole arbitrator be final and binding upon the parties and upon any employee affected by itappointed in place of a three (3) person board. The decision of a majority the sole arbitrator shall be deemed to be the decision of the arbitration boardBoard and shall be final and binding. All expenses incurred by the sole arbitrator shall be paid equally by the Parties. Each Party shall pay its own costs. 8.02 If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been unjustly suspended or discharged, but 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 there the suspension or discharge had not taken place, or if the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is no majorityfound) that an ex-employee should have been re-hired, that ex-employee shall be employed by the Company and paid all pay which he would have enjoyed and accorded all rights, privileges and benefits which he would have enjoyed if he had been hired at the proper time provided, that if it is shown to the Board that the employee has been in receipt of wages during the period between discharge or suspen-sion and reinstatement, or date of failure to re-hire and re-hiring, the decision amount so received shall be deducted from wages payable by the Company pursuant to this Article, less any expenses which the employee has incurred in order to earn the wages so deducted, AND PROVIDED THAT the Arbitration Board if circumstances are established before it, which, in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have authority to order the Company to pay less than the full amount of wages lost. 8.03 The Arbitration Board shall have the right to modify any penalty imposed by the Company on an employee. 8.04 If the award of the Arbitration Board is subsequently set aside by a court of competent jurisdiction, the question shall, at the request of either Party, be submitted to another Arbitration Board appointed pursuant to and with all the powers provided by this Article. 8.05 The expenses and remuneration of the Chairman shall govern. Subject to Article 10.05, once appointedbe paid by the Parties in equal shares. 8.06 Without restricting the specific powers hereinbefore mentioned, the Arbitration Board of Arbitration shall have all the general powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if anyArbitration Board. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where a difference arises between grievance which has not been resolved through the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter grievance procedure 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 referred to arbitration. , the following shall apply: a) The party referring the grievance shall give written notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen party not later than twenty (1520) working days after the response from Stage 2 that it intends to refer the matter to arbitration, the arbitrator shall be chosen by mutual agreement from any recognized list of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration boardarbitrators. 10.02 The two b) Failing agreement within twenty-one (221) nominees so selected shalldays or such time as may be agreed by the parties, within fifteen (15) working days of the an appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall may be made by the Minister Office of Labour for the Province of Ontario, upon Arbitration at the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision single Arbitrator shall be final and binding upon bound by all clauses in Article 10 in the parties and upon any employee affected by itsame manner as an Arbitration Board. c) Arbitrators hearing grievances under this article shall first attempt to mediate a settlement to the grievance. The decision of a majority shall be the decision of the arbitration board, but if there If mediation is no majorityunsuccessful, the decision of the Chairman arbitrator shall govern. Subject proceed 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 . The arbitrator shall have the right to limit evidence and submissionsargument and to impose a settlement. 10.02 No person who has assisted in the negotiation of this Collective Agreement, or any renewal thereof, may be appointed to such Board of Arbitration. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle The parties shall share equally the grievancefees and expenses of the arbitrator. 10.04 Each The parties reserve the right to make application for Arbitration using Section 49 of the parties hereto will bear Ontario Labour Relations Act and should such right be exercised, agrees to inform the expenses of an nominee appointed by it and other Party in accordance with the parties will jointly share the expenses of the Chairman of the arbitration board, if anytime limits specified above. 10.05 The Board of Arbitration arbitrator shall not be authorized 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 this Agreement, nor to alter, modify or amend any part of this 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. The Employer employer shall maintain salary, credits and applicable benefits and invoice the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator Union for the Board salary and benefits paid to such members. 10.07 The time limits specified in the arbitration procedure may be altered on the written agreement of Arbitration provided for herein (whether or not 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 Board has been constituted), and terms as are agreed by the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderparties.

Arbitration. 10.01 Where 9.01 If the Hospital or Union requests that a difference arises between the parties relating grievance be submitted to the interpretationarbitration, application or administration of this Agreementas hereinbefore provided, 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 it shall make such request in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered addressed to the other within fifteen (15) working days of party to this agreement, and at the reply under Step 2same time name a nominee. The recipient party shall, within Within ten (10) working days, advise 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 name Ministry of its nominee Labour of the Province of Ontario shall have power to effect such appointment upon application hereto by the party invoking the arbitration board. 10.02 procedure. The two (2) nominees so selected shall, within fifteen (15) working days shall attempt to select by agreement a chairman of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the ChairmanArbitration Board. If the two (2) nominees fail they are unable to agree upon such a Chairman chairman within a period of fourteen (14) calendar days, they shall then request the time limits, Office of Arbitration of the appointment shall be made by the Minister Ministry of Labour for of the Province of Ontario, upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue Ontario to appoint a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionschairman. 10.03 9.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 9.03 No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure. 9.04 The 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 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 the employee or employees concerned. 9.06 Each of the parties hereto will bear the expenses of an the nominee appointed by it and the parties will jointly share equally the expenses of the Chairman of the arbitration boardfees and expenses, if any, of the chairman of the Arbitration Board. 10.05 9.07 The Board 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 Arbitration the parties, shall not be authorized result in the grievance being deemed to make any decision inconsistent with have been abandoned subject only to the provisions of this AgreementSection 49 of The Labour Relations Act. Such time limits shall exclude Saturdays, nor to alter, modify or amend any part of this AgreementSundays and paid holidays. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject 9.08 As an alternative to the same limitations as above provision if the Hospital or Union requests that a Board of Arbitration hereundergrievance 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. 10.01 Where 7.01 Failing a difference arises between settlement of the parties relating dispute at Step II and in accordance with Step III either party may refer the unresolved dispute to arbitration by registered mail addressed to the 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 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 accordance with 6.09 stating: (1) the name of the party’s nominee to an arbitration board and shall be delivered their appointee to the other within Arbitration Board; (2) a copy of the completed grievance form indicating the nature of relief or remedy sought; (3) article(s) violated. Within a further fifteen (15) working days day period the other party shall respond by registered mail indicating the name and address of their appointee to the reply under Step 2Arbitration Board. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration boardparties shall select an impartial chairperson. 10.02 The two (2a) nominees so selected shallIf the party receiving the notice fails to appoint an arbitrator, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If if the two (2) nominees parties fail to agree upon a Chairman Chairperson within the time limitsfifteen (15) days, the appointment shall be made by the appropriate Minister of Labour for the Province of Ontario, 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 Arbitration Board shall hear and determine render its decision on the difference or allegation and shall issue a decision grievance as soon as possible after the date on which the Board is fully constituted and the decision of the Board shall be final committed to writing and binding upon submitted to the parties and upon any employee affected by it. concerned within a further thirty (30) days. 7.04 The decision of a the majority shall be the decision of the arbitration board, but if Board. Where there is no majoritymajority decision, the decision of the Chairman Chairperson shall governbe the decision of the Board. Subject to Article 10.05, once appointed, The decision of the Board of Arbitration shall have be final, binding and enforceable on all powers as set out in Section 50 parties, and may not be changed except by an order of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 Court. The Board of Arbitration shall not be authorized have the power to make any decision inconsistent with the provisions of change this Agreement, nor Agreement or to alter, modify or amend any part of this Agreementits provisions. However, the Board shall have the power to dispose of a grievance by any arrangement which it deems just and equitable. 10.06 The Employer and 7.05 Should the Association mayparties disagree as to the meaning of the Board’s decision, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for either party may apply to the Chairperson of the Board of Arbitration provided for herein to reconvene the Board to clarify the decision, which it shall do within fifteen (whether or not such Board has been constituted), 15) days. 7.06 The fees and expenses of the arbitrator shall be divided equally between the Employer and the named sole arbitrator 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 same power assistance of any employee(s) concerned as a Board witnesses. The Employer shall receive written notice of Arbitration, and be subject request for time off for any witness who is required for such assistance at least forty-eight (48) hours prior to the same limitations as day of the hearing. 7.09 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a Board single arbitrator for an arbitration board. In which event, the provisions of Arbitration hereunderthis Article shall apply equally to a single arbitrator when reference is made to an arbitration board.

Arbitration. 10.01 Where a difference arises between 19.01 In case of any dispute or grievance arising that cannot be settled informally by the Joint Conference Board, then either of the parties relating to the interpretationdispute 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, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, and shall notify the other party in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name appointment and particulars of the party’s nominee to an arbitration board and shall be delivered to matter in dispute. b) The party receiving the other within fifteen (15) working days of the reply under Step 2. The recipient party notice shall, within ten five (105) working daysdays thereafter, advise appoint a member for the Board and notify the other of the name party of its nominee to the arbitration boardappointment. 10.02 c) The two (2) nominees arbitrators so selected shall, within fifteen appointed shall confer to select a third person to be Chairman and failing for three (153) working days of from the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitsperson willing to act, the appointment shall be made by either of them may apply to the Minister of Labour for to appoint such third member. d) The Arbitration Board shall sit to settle the Province terms of Ontariothe question to be arbitrated and make its award within ten (10) days from the date of appointment of the Chairman, upon provided that the request time may be extended by agreement of either party. the parties. e) The arbitration board Board shall hear and determine deliver its award in writing to each of the difference or allegation and shall issue a decision parties and the decision award of the majority of the Board shall be the award of the Board and shall be final and binding upon the parties parties; and upon any employee affected by it. The decision they shall implement it forthwith. 19.02 Each party shall pay its own expenses and costs of a majority shall be arbitration; the decision remuneration and disbursements of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject its appointee to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of and one-half (1/2) the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement compensation and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman and of stenographic and other expenses of the arbitration board, if anyArbitration Board. 10.05 The Board 19.03 It is understood by the parties entering into this Agreement that they exclude the operation of Arbitration shall not be authorized Section 96, Sub-Section (1) of the Industrial Relations Act of British Columbia unless agreed to make any decision inconsistent with by the provisions Joint Conference Board, except in cases of this Agreement, nor to alter, modify fund contribution delinquencies or amend any part non-payment of this Agreementfunds. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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 party may, after exhausting any Grievance Procedure 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 nominee 's appointee to an arbitration board Arbitration Board and shall be delivered to the other party within fifteen ten (1510) working days of the reply under Step 2III. The recipient party shall, shall within ten (10) working days, advise the other of the name of its nominee appointee to the arbitration boardArbitration Board. 10.02 The two (2) nominees appointees 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 ChairmanChair. If the recipient party fails to appoint an Arbitrator, of if the two (2) nominees appointees fail to agree upon a Chairman Chair, within the time limitslimit, the appointment shall be made by the Minister Office of the Adjudication, Ministry of Labour for 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 shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration boardArbitration Board, but if there is no majority, majority the decision of the Chairman Chair shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee Arbitrator appointed by it and the parties will jointly share the expenses of the Chairman Chair of the arbitration boardArbitration Board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this the Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer Either party may request the services of a sole Arbitrator and if the Association mayparties agree, the case shall be heard by written agreementthe sole Arbitrator, 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)however, and the named sole arbitrator shall have the same power all other conditions as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderset forth in this Article will prevail.

Arbitration. 10.01 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 party of the parties may, after exhausting any Grievance Procedure established by subject to Article 9 of this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The notice shall be delivered to the party desiring to submit the difference or allegation to arbitration 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 nominee appointee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2Arbitration Board. The recipient party shall, of the notice shall within ten five (105) working days, advise days inform the other party of the name of its nominee appointee to the arbitration board. 10.02 Arbitration Board. The two (2) nominees so selected appointees shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairman. If the recipient of the notice fails to appoint an arbitrator, or if the two (2) nominees appointees fail to agree upon a Chairman within the time limitslimit, the appointment shall be made by the Minister of Labour for the Province of Ontario, 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 shall be is final and binding upon the parties and upon any employee or employees affected by it. The decision of a majority shall be is the decision of the arbitration boardArbitration Board, but if there is no majority, the decision of the Chairman governs. 10.02 The Arbitration Board shall governnot have the authority to alter, add to, subtract from, modify or amend any of the provisions of this Agreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms and provisions of this Agreement. Subject to Article 10.05, once appointedthe foregoing, the Arbitration Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate make such decision as it may in the grievance, to enforce a settlement circumstances deem just and to limit evidence and submissionsequitable. 10.03 Each party shall bear the fees and expenses of its appointee to the Arbitration Board and the fees and expenses of the Chairman shall be shared equally by both parties. 10.04 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each 10.05 No matter may be submitted to arbitration which has not been properly carried through all steps of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part Grievance Procedure prescribed in Article 10 of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where 17.01 The grievance may be referred to arbitration, only after all steps in the grievance procedure have been exhausted, 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 through their authorized representatives. The party may, after exhausting any Grievance Procedure established by this Agreement, seeking arbitration shall notify the other party, in writing writing, of its desire to submit the difference grievance to arbitration within twenty (20) days of the reply of the Director or allegation to arbitrationthe Bargaining Unit President. The notice notification shall contain the name of the party’s nominee to an arbitration board and shall be delivered appointee to the other within fifteen (15) working days Board of the reply under Step 2Arbitration. The recipient party shall, within ten (10) working daysdays of receipt of such notification, advise the other of the name party of its nominee appointee to the arbitration boardBoard of Arbitration. 10.02 17.02 The two (2) nominees so selected appointees shall, within fifteen (15) working days of the appointment of the second of them them, or a at some time mutually agreed upon, appoint a third person person, who shall be the ChairmanChair. If the two (2) nominees recipient party fails to name an appointee, or if the appointees fail to agree upon a Chairman Chair within the time limitslimit, the appointment of the Chair shall be made by the Minister Ministry of Labour for the Province of Ontario, upon the request of either party. The arbitration board Board of Arbitration shall hear and determine the difference or allegation grievance and shall issue a binding decision and the decision shall be final and binding upon the parties and upon any employee Member affected by it. The decision of a majority shall be the decision of the arbitration boardBoard of Arbitration and, but if there is no majority, the decision of the Chairman Chair shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 17.03 No person may shall be appointed as an arbitrator Arbitrator who has been involved in an attempt the negotiation of this Collective Agreement or in attempts to negotiate or settle the grievance. 10.04 17.04 Each of the parties hereto will bear the expenses of an nominee appointed by it their appointee and the parties will jointly share equally the expenses of the Chairman of the arbitration board, if anyChair. All costs related to witnesses called by a party will be paid for by that party. 10.05 17.05 The Board of Arbitration shall not be authorized have any authority to make alter or change any decision inconsistent with of the provisions of this AgreementCollective Agreement or to substitute any new provisions in lieu thereof, nor or to alter, modify or amend give any part decision contrary to the terms and conditions of this Collective Agreement. 10.06 17.06 The Employer and parties may agree, in writing, to seek appointment of a single Arbitrator. Should they be unable to agree on a single Arbitrator, the Association may, by written agreement, substitute for a specific grievance parties may jointly request the Ministry of Labour to make an appointment. ARTICLE 17 - ARBITRATION (continued) 17.07 It is understood that nothing in this Article precludes the Bargaining Unit or grievances a named sole arbitrator for Members from addressing letters of inquiry to the Board of Arbitration provided for herein (whether or not such Board has been constituted), and through the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderDirector.

Arbitration. 10.01 (a) 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 party may, after exhausting any Grievance Procedure 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 nominee 's appointee to an arbitration board Arbitration Board and shall be delivered to the other within fifteen ten (1510) working 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 nominee appointee to the arbitration boardArbitration 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 two (2) nominees appointee so selected shall, within fifteen (15) working days of the appointment of the second of them them, or at a time mutually agreed upon, appoint a third person who shall be the Chairmanchairman. If the recipient party fails to appoint an arbitrator, or if the two (2) nominees appointees fail to agree upon a Chairman chairman, within the time limitslimited, the appointment shall be made by the Minister of Labour for 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 shall be final and binding upon the parties and upon any employee nurse affected by it. The A decision of a the majority shall be the decision of the arbitration boardArbitration Board, but if there is no majority, the decision of the Chairman chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee arbitrator appointed by it and the parties will jointly share bear the cost and expenses of the Chairman chairman of the arbitration boardArbitration Board, if any. 10.05 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. 10.06 The Employer and 10.05 Where a difference arises between the Association parties relating to the interpretation, application or administration of this Agreement, including any questions as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by written agreementthis Agreement, substitute for a specific notify the other party in writing of its decision to submit the difference or allegation to arbitration. Where grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein concerns: (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.a) Selection decisions on job vacancies (b) Premiums (c) Scheduling issues

Arbitration. 10.01 Where 13.3.1 In the event that a difference arises 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) The Federal Mediation and Conciliation Service (FMCS) shall submit a list of seven (7) arbitrators to the Union and to the Employer. (b) Within fourteen (14) calendar days after receipt of the arbitration panel, the parties shall meet to select and place in numerical order the arbitrators through the process of elimination by alternately striking names. (c) The party to strike first shall be selected by a toss of the 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 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 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 nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board.hereto; 10.02 The two (2) nominees so selected shall, within fifteen (15) working days Interpretation of the appointment specific terms of this Agreement and/or the Employee Handbook which are applicable to the particular issue presented to the arbitrator; (3) The rendition of a decision or award which in no way modifies, adds to, subtracts from, changes or amends any term or condition of this Agreement or the Employee Handbook and/or which is in conflict with any of the second provisions of them this Agreement and/or the Employee Handbook; and (4) The rendition of a decision or award based solely on the evidence and arguments presented to the arbitrator by the respective parties. (5) The rendition of a time mutually agreed upondecision involving the administration or interpretation of insurance plans or contracts, appoint a third person who shall be including pension plans; and those issues related to interpretation of the Chairman. If the two (2) nominees fail health and dental plan rules for eligibility, cost to agree upon a Chairman within the time limitsemployees, the appointment shall be made by Union and the Minister of Labour for the Province of Ontario, upon the request of either partyEmployer. The arbitration board arbitrator shall hear and determine not have jurisdiction over internal rules of the difference or allegation and shall issue insurance plan itself which are outside the Employer’s control. 13.3.3 The arbitrator will render a decision and within thirty (30) calendar days after the hearing. The decision shall be final and binding upon the parties Employer, the Union and upon the employees affected, provided that this does not preclude any employee affected party to this Agreement from seeking judicial review as provided by itlaw. The decision of a majority shall be the decision costs of the arbitration board, but if there is no majority, shall be borne by the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionslosing party. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where a difference arises between 7.01 Both parties agree that any grievance which has proceeded through 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 party may, after exhausting any Grievance Procedure established by this Agreement, notify outlined in Article 6 of the other in writing of its desire Agreement and has not been settled may be referred to submit the difference or allegation to arbitrationArbitration. The notice Union and the Company may mutually agree to which form of arbitration that shall contain be used; Single Arbitrator or a Board of Arbitration with the name 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 party’s nominee Grievance Procedure. The Company and the Union agree to an arbitration board equally share the expenses associated with a single arbitrator. 7.02 The Board of Arbitration will be composed of one person appointed by the Company, one person appointed by the Union and shall be delivered a third party to act as Chairperson, chosen by the two other within fifteen (15) working days members of the reply under Step 2Board. The recipient party shall, Union and the Company will appoint its Board Member within ten (10) regular working days, advise days from the notice of Arbitration and will give notice of such appointment to the other of the name of its nominee to the arbitration boardparty forthwith. 10.02 (a) The two Board of Arbitration shall not have the power to alter, change or add to this Agreement or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement. (2b) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon At the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and Chairperson of the decision shall be final and binding upon Board of Arbitration, the parties will make available witnesses to give oral or written evidence which in the Chairpersons opinion is relevant and upon 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 employee affected by it. discharge, suspension or other disciplinary measure. 7.04 The decision of a the majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman Board and 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 submissionsbe binding on both parties. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 7.05 Each of the parties hereto will to this Agreement shall bear the expenses expense of an nominee appointed by it its appointee to the Board and the parties will jointly share the expenses of the Chairman Chairman. 7.06 Time limits may be extended by mutual written agreement of the arbitration board, if anyparties. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where 1. As a difference arises between the parties relating condition precedent to any right of action hereunder, any dispute arising out of this AGREEMENT shall be submitted to the interpretationdecision of a board of arbitration composed of two arbitrators and one umpire, application or administration of this Agreementmeeting in Schaumburg, including any question as to whether a matter is arbitrableIllinois, 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 nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step unless otherwise agreed. 2. The recipient members of the board of arbitration shall be active or retired disinterested officers of insurance companies. Each party shallshall appoint its own arbitrator and the two arbitrators shall choose the umpire before instituting the hearing. If the respondent fails to appoint its arbitrator within four (4) weeks after being requested to do so by the claimant, the latter shall also appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of the umpire within four (4) weeks after their nominations, each of them shall name three (3), of whom the other shall decline two (2) and the decision shall be made by drawing lots. It is the intent of the parties to this AGREEMENT where the arbitrators have failed to agree, that the selection of umpire be confined to this determination by chance. 3. The claimant shall submit its initial brief within twenty (20) days after appointment of the umpire. The respondent shall submit its brief within twenty (20) days after receipt of the claimant’s brief and the claimant may submit a reply brief within ten (10) working days, advise the other days after receipt of the name of respondent’s brief. 4. The board shall make its nominee decision with regard to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days custom and usage of the appointment insurance business. The board 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 sixty (60) days following the termination of the second of them or a time mutually agreed upon, appoint a third person who shall be hearings unless the Chairman. If the two (2) nominees fail parties consent to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either partyan extension. The arbitration majority decision of the board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be 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 employee affected by itshall jointly and equally bear with the other party the expense of the umpire. The decision of a majority shall be the decision remaining costs of the arbitration proceeding shall be allocated by the board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where a Either party may, failing settlement under the Grievance Procedure regarding any difference arises between the parties relating to arising from the interpretation, application application, administration or administration violation of this Collective Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, submit such grievance to arbitration as follows: a) If 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 requests that a grievance be submitted to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitslimits outlined above, the appointment request shall be made by registered mail or personal service addressed to the Minister other party to the Collective Agreement outlining its choices of three (3) arbitrators to serve as a sole Arbitrator. b) Within seven (7) working days thereafter, the other party shall answer by registered mail or personal service indicating acceptance to one of the three (3) arbitrators proposed by the other party or they shall submit their three (3) alternate choices for a sole Arbitrator. c) If the parties cannot agree as to a sole Arbitrator within twenty (20) days of the notice referring the matter to arbitration, application may be made to the Ministry of Labour who shall be requested to appoint an arbitrator. 10.02 Each of the parties shall be responsible for the Province fees and expenses of 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 of the Arbitrator shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majorityEmployer, the decision of Union and the Chairman shall govern. Subject to Article 10.05, once appointed, employees in the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievancebargaining unit. 10.04 Each The Arbitrator shall not have any power to alter or change any of the parties hereto will bear the expenses provisions of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration boardthis Collective Agreement to substitute any new provisions for any existing provisions, if any. 10.05 The Board of Arbitration shall not be authorized or to make give any decision inconsistent with the terms and provisions of this Agreement, nor to alter, modify or amend any part of this Collective Agreement. 10.06 10.05 The Employer and the Association parties to this Collective Agreement may, by written agreementmutual consent in writing, substitute for a specific extend any of the time limits set out in the Grievance and Arbitration procedures. 10.06 No matter may be submitted to arbitration that has not been properly carried through all previous steps in the grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderprocedure.

Arbitration. 10.01 Where a difference arises between In the parties relating to the interpretationevent any grievance cannot be adjusted as set forth in Article 8 hereof, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, and either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire elects to submit the difference or allegation go to arbitration. The , such party may do so by sending written notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered such desire to the other party within a period of fifteen (15) working days from the date of the reply under Step 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 recipient party two thus chosen shall, within ten five (105) working daysdays exclusive of Saturdays, advise Sundays and holidays, select the other 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 name State Mediation and Conciliation Service to submit a list of its nominee five persons qualified to act as the third member of said arbitration board. 10.02 . 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 (2) nominees 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, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail endeavor to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour meet daily for the Province purpose of Ontario, upon the request of either party. The arbitration board shall hear hearing such grievance as may be referred to them and determine the difference or allegation and shall issue render a decision and the thereon. A majority decision of said board shall be final and binding upon the both parties and upon any employee affected transmitted in writing to each thereof. No single grievance shall consume a period in excess of five (5) working days after the appointment of the board of arbitrators. Failure of either party to appoint its arbitrator within a period of five (5) days from the time of official notice by itthe other party of arbitration proceedings will cause that party to forfeit its case. The decision Each party shall bear the expense of its own arbitrator. Compensation of the third arbitrator, in addition to the general expense of said board as a majority whole, shall be paid jointly by both parties hereto. Failure on the decision part of either party to perform the arbitration board, but if there is no majority, act required in Articles 8 and 9 within the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers time limits as set out in Section 50 of the Labour Relations Act, including the power forth shall cause said party to mediate/arbitrate the grievance, to enforce a settlement and to forfeit its case. Time limit evidence and submissions. 10.03 No person requirements set forth herein may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle extended by mutual agreement between the grievanceparties. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where a difference arises between Should any grievance fail to be satisfactorily settled under the parties relating to foregoing procedure, the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party Union may, after exhausting any Grievance Procedure established by this Agreementwithin fifteen (15) calendar days following receipt of the answer from the Manager, notify the other Employer in writing of its desire to submit the difference or allegation grievance to arbitration. The notice shall contain Union and the name of Employer may agree upon a single arbitrator to hear the party’s nominee to an arbitration board matter and shall for this purpose will exchange nominations. 10.02 An Arbitrator, selected jointly by the parties, will be delivered to the other named within fifteen (15) working calendar days of receipt of notice of intent to arbitrate or such longer periods as agreed by the reply under Step 2parties. 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 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 recipient 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 shallshall 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, within ten by mutual consent, submit any matter under this Article to a Board of Arbitration for determination in accordance with the following: (10a) working days, The parties will advise the each other of the name of its nominee to the arbitration boardArbitration Board within ten (10) calendar days following receipt of the answer from the Manager. 10.02 (b) The two (2) nominees appointees so selected shall, within fifteen five (155) working calendar days of the appointment of the second of them or a time mutually agreed upontheir appointment, appoint a third person who shall be the ChairmanChairperson. If the two (2) nominees fail to agree upon a Chairman within the time limits, no agreement can be reached on the appointment shall be made by of the Chair, either or both parties may request the Minister of Labour for the Province of Ontario, upon the request of either party. to appoint a Chair. (c) The arbitration board Arbitration Board shall hear and determine the difference or allegation grievance and shall issue a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a the majority shall be the decision of the arbitration boardArbitration Board but, but if there is no majority, the decision of the Chairman Chair shall govern. Subject to Article 10.05, once appointed, The decision shall be discussed by the Arbitration Board of Arbitration shall have with all powers as set out in Section 50 members of the Labour Relations Act, including board present before it is rendered to the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsparties involved. 10.03 No person 10.08 Place of Hearing Arbitrations shall be heard at Regina, Saskatchewan, or at such other places as may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle agreed upon by the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it Union and the parties will jointly share the expenses of the Chairman of the arbitration board, if anyEmployer. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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 party may, of the parties may within fourteen (14) calendar days after exhausting any Grievance Procedure established by this Agreement, the grievance procedure notify the other party in writing of its desire to submit the difference or allegation to arbitration. The arbitration and the notice shall contain the name of the party’s nominee person appointed to be an arbitrator by the party giving notice. Notice in accordance with Clause 13.01 shall be sent to the Collective Bargaining Division as well as the applicable Department. 13.02 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board, in which event, the foregoing provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board board. Furthermore, the parties shall endeavour to utilize a sole arbitrator for the majority of arbitration hearings and shall be delivered reserve the use of arbitration boards for case where a party feels it is absolutely necessary. 13.03 The party to the other within fifteen (15) working days of the reply whom notice is given under Step 2. The recipient party Clause 13.01 shall, within ten (10) working dayscalendar days after receipt of such notice, advise appoint an arbitrator and notify the other party of the name of its nominee to the arbitration boardarbitrator. 10.02 13.04 The two (2) nominees so selected arbitrators appointed in accordance with Clauses 13.01 and 13.02 shall, within fifteen fourteen (1514) working calendar days of after the appointment of the second of them or a time mutually agreed uponthem, 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 Chairman. If 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 within the period specified in Clause 13.02, the Chairman of the Labour Relations Board shall, on the request of either party, appoint an arbitrator on behalf of the party who failed to make the appointment and such arbitrator shall be deemed to be appointed by that party; or (ii) the two (2) nominees arbitrators appointed by the parties under Clauses 13.01 and 13.02 fail to agree upon appoint a Chairman third arbitrator within the time limitsperiods specified in Clause 13.03, the appointment shall be made by Chairman of the Minister of Labour for the Province of OntarioRelations Board shall, upon on the request of either party, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The arbitrator appointed under this paragraph (ii) shall 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 argument thereon and may employ counsel or any other person for this purpose. 13.08 If a party fails to attend or be represented without good cause at an arbitration hearing, the arbitration board may proceed as if the party had been present or represented. 13.09 The arbitration board shall hear and determine render its decision on the difference or allegation and shall issue a decision and grievance in writing within twenty-five (25) days of the decision shall be final and binding upon date on which the parties and upon any employee affected by it. board is fully constituted. 13.10 The decision of a the majority of the members of an arbitration board shall be the decision of the arbitration board, but if there is no majority, the . The decision of an arbitration board shall be signed by the Chairman shall govern. Subject to Article 10.05, once appointed, members of the Board of Arbitration shall have all powers as set out in Section 50 of making the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsmajority report. 10.03 No person 13.11 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an arbitration board appointed in accordance with these provisions and do or, as the case may be appointed as be, abstain from doing anything required by that decision. 13.12 Each party required by this Agreement to appoint an arbitrator who has been involved in an attempt to negotiate or settle shall pay the grievance. 10.04 Each of the parties hereto will bear the remuneration and expenses of an nominee that arbitrator deemed to have been appointed by it that party under Clause 13.04 and the parties will jointly share shall pay equally the remuneration and expenses of the Chairman chairperson of the arbitration board, if any. 10.05 13.13 The Board time limits set out in this Article may be extended, in writing, at any time by mutual agreement of Arbitration 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) 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 be authorized to make suffer any decision inconsistent with loss in pay while participating in the provisions of this Agreement, nor to arbitration proceedings. 13.16 An arbitration board may not alter, modify or amend any part of provisions to this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator Agreement but shall have the same power as to dispose of a Board grievance by any arrangement which it deems just and equitable. 13.17 The parties may mutually agree to utilize alternative methods of Arbitration, dispute resolution to resolve grievances that have been referred to arbitration and be subject are encouraged to the same limitations as a Board do so. Sample terms of Arbitration hereunder.reference of several ADR processes are contained in Schedule P.

Arbitration. 10.01 Where a difference arises between 14.1 Either of the parties relating to may, within 10 working days after 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 grievance procedure under Article 13 has been violated, either party may, after exhausting any Grievance Procedure established by this Agreementexhausted, notify the other party in writing of its desire to submit the difference or allegation grievance to arbitration. The notice referring a grievance to arbitration shall contain confirm the name of the first party’s nominee 's appointee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2board. The recipient party of the notice shall, within ten (10) 5 working days, advise inform the other party of the name of its nominee appointee to the arbitration board. 10.02 . The two (2) nominees 2 appointees so selected shall, within fifteen (15) 5 working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairmanchairperson. If the two (2) nominees recipient of the notice fails to appoint an arbitrator, or if the 2 appointees fail to agree upon a Chairman chairperson within the time limitslimit, the appointment shall be made by the Minister of Labour for the Province of Ontario, Ontario upon the request of either party. The arbitration board shall hear and determine the difference or allegation grievance and shall issue a decision and the that decision shall be is final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be is the decision of the arbitration board, but but, if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, chairperson is the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman decision of the arbitration board. Notwithstanding the foregoing, if any. 10.05 The Board of Arbitration shall not the parties may select 1 person as an arbitrator to whom any such grievance may be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer submitted for arbitration and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator person shall have the same power as a Board of Arbitration, powers and be subject to the same limitations restrictions as a Board board of Arbitration hereunderarbitration appointed under this agreement. 14.2 The arbitration board shall have no authority to add to, subtract from, change, alter or ignore in any way the provisions of this agreement or any expressly written amendment or supplement thereto or to extend its duration, or to make an award which has such effect unless the parties have expressly agreed, in writing, to give it specific authority to do so. 14.3 Where the grievance concerns discharge, suspension or disciplinary action, the board has the authority to reinstate an employee with or without compensation for wages and any other benefits lost, or to make any other award it may deem just and reasonable which is consistent with the terms of this 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 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 this article may be extended by agreement in writing between the parties. 14.6 No grievance shall be deemed to be lost due to minor technical irregularities.

Arbitration. 10.01 Where a difference arises between 1. If the parties relating to aggrieved person is not satisfied with the interpretationdisposition of his/her grievance at B. 4., application or administration and if the grievance is of this Agreement, including any question as to whether a matter is arbitrableother than that stated in B. 5. or 6., or where an allegation is made that this Agreement has been violated, either party he/she 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 nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working daysschool days after a decision or lack thereof by the Board, advise request in writing that the other chairperson of the name Association's Grievance Committee submit his/her grievance to arbitration. 2. Upon submission of its nominee the grievance to arbitration, a request will be made to the arbitration board. 10.02 The two Public Employment Relations Commission to submit a roster of persons qualified to function as an arbitrator in the dispute in question. If the parties are unable to determine a mutually satisfactory arbitrator from the submitted list, they will request the Public Employment Relations Commission to submit a second roster of names. If the parties are unable to determine within ten (210) nominees so selected shall, within fifteen (15) working school days of the appointment initial request for arbitration a mutually satisfactory arbitrator from the second submitted list, the Public Employment Relations Commission may be requested, by either party, to designate an arbitrator. 3. The arbitrator so selected shall confer with the representatives of the second of them or a time mutually agreed uponBoard and the Grievance Committee, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitshold hearings promptly, 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 a his/her decision not later than twenty (20) school days from the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs on the issues are submitted to him. The arbitrator's decision shall be in writing and shall set forth his findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision which requires the commission of an act prohibited by law, or which violates of the terms of this Agreement. The decision of the arbitrator shall be submitted to the Board and the decision Association, and shall be final and binding upon on the parties and upon any employee affected by itparties. 4. The decision of a majority shall be cost for the decision service of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Actarbitrator, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration boardper diem expenses, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alterand actual and necessary travel, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted)subsistence expenses, and the named sole arbitrator cost of the hearing room shall have be borne equally by the same power as a Board of Arbitration, and the Association. Any other expenses incurred shall be subject to paid by the same limitations as a Board of Arbitration hereunderparty incurring same.

Arbitration. 10.01 Where a difference arises between 26.01 In the parties relating event that any grievance shall not have been satisfactorily settled pursuant to the interpretationforegoing provisions, application or administration of this Agreementthe matter may then, including any question as by notice in writing given 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 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 difference or allegation to arbitration. case may be. 26.02 The notice submitting to arbitration shall contain the name of the party’s nominee to an arbitration board and shall be delivered single arbitrator or the appointee to the other within fifteen (15) working days Arbitration Board of the reply under Step 2party making the submission, as the case may be. The recipient party of the notice shall, within ten (10) working daysdays of receipt of the notice, advise inform the other of party in writing, agreement with the name of proposed or propose its nominee own single arbitrator or appointee to the arbitration board. 10.02 The Arbitration Board, as the case may be. In the case of an Arbitration Board, the two (2) nominees appointees so selected shall, within fifteen ten (1510) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairmanchairperson. If the two (2) nominees parties fail to agree upon a Chairman single arbitrator within the time limitslimits as set out herein, the appointment of a single arbitrator shall be made by the Minister Ministry of Labour for Labour. No person may be appointed as the Province of Ontario, upon single arbitrator who has participated directly in an attempt to settle the request of either party. grievance. 26.03 The arbitration board 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 shall be final and binding upon the parties and upon any employee teacher affected by it. The decision of a majority shall be of the Arbitration Board is the decision of the arbitration boardArbitration Board, but if there is no majority, the decision of the Chairman chairperson governs. The decision of a single arbitrator governs. 26.04 The single arbitrator or Arbitration Board established as above, shall govern. Subject decide the grievance submitted to Article 10.05it, once appointedany related question, the Board of Arbitration including any questions as to whether a matter is arbitrable, but shall have all powers as set out in Section 50 of the Labour Relations Act, including the no power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement, nor make any decision inconsistent therewith. 10.06 The Employer and 26.05 Each party shall pay the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for cost of its own appointee to the Board of Arbitration provided for herein (whether or not such Board has been constituted)Board, and the named sole arbitrator parties shall have share equally the same power as cost of the chairperson or a Board single arbitrator. 26.06 Each party may be represented at the Arbitration by a representative of Arbitrationits choice. 26.07 Unless otherwise specifically provided, and any notice required to be subject sent herein may be sent by prepaid registered or certified mail to the same limitations 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 a Board defined by the Ministry of Arbitration hereunderEducation in the Education Act, R.S.O., 1980 Chapter 129. 26.09 Any time limits fixed by this Article for the taking of action by either party or by any teacher may, at any time, be extended by agreement of the representatives of the parties involved.

Arbitration. 10.01 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 violatedagreement, either party mayof the parties may within ten (10) working days, after exhausting any Grievance Procedure grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The arbitration and the notice shall contain the name of the party’s nominee 's appointee to an arbitration board and Arbitration Board. 9.02 The recipient of the notice shall be delivered to within five (5) days inform the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise either that it accepts the other party's appointee as a single arbitrator or inform the other party of the name of its nominee appointee to the arbitration boardArbitration Board. 10.02 The 9.03 Where two (2) nominees appointees are so selected selected, they shall, within fifteen twenty (1520) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairman. chairperson. 9.04 If the recipient of the notice fails to appoint an arbitrator or if the two (2) nominees appointees fail to agree upon a Chairman Chairperson within the time limitslimit, the appointment shall be made by the Minister Ministry of Labour for the Province of 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 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 thereafter. That decision shall be is final and binding upon the parties and upon any employee or employer affected by it. . 9.07 The decision of a majority shall be is the decision of the arbitration board, but but, if there is no majority, the decision of the Chairman chairperson governs. 9.08 The arbitrator or arbitration board, as the case may be, shall govern. Subject not by his or its decision add to, delete from, modify or otherwise amend the provisions of this agreement. 9.09 Any notice required under this Article shall be in writing by registered mail or personal delivery to the parties at their respective mailing address. 9.10 Each party may be represented at the arbitration by a representative of its choice. 9.11 Each of the parties shall bear the fees and expenses of its nominee to the Arbitration Board and shall jointly share the fees and expenses of the Chairperson. 9.12 Time limits specified in this Article 10.05are mandatory and not simply directory, once appointedand 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 Board of Union may request access to expedited Arbitration shall have all powers as set out in under Section 50 49 of the Ontario Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions1995. 10.03 9.15 No person may shall be appointed as an arbitrator Arbitrator or member of a Board of Arbitration who has been involved in an attempt the negotiations of this Collective Agreement or in attempts to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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 Agreement, including any question as to whether a matter is arbitrable, the matter may be referred to an Arbitrator by either Party. 1. The right to arbitration shall not extend to any matters other than those concerning the interpretation, application, administration, or 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 may, after exhausting any Grievance Procedure established by this Agreement, notify upon the other in writing of its desire to submit the difference or allegation to arbitrationother. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen Within seven (157) working days of the reply under Step 2service of such notice, each party shall propose an Arbitrator to hear the issue. The recipient party shall, If agreement on the selection of an Arbitrator is not reached within ten fourteen (1014) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or notice to arbitrate, a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment request shall be made by to the Minister of Labour for the Province of Ontario, upon the request of either partyto appoint an Arbitrator. 3. The arbitration board Arbitrator 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall not have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate alter or settle the grievance. 10.04 Each change any of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor or to altersubstitute new provisions for any existing provisions thereof, modify or amend any part and in reaching its decision he/she shall be bound by the terms and provisions of this Agreement. 10.06 4. The Employer 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 time limit is extended by the mutual consent of the Union and the Association may, by written agreement, substitute for a specific grievance Company. 6. Each party shall pay one-half (1/2) the fees and expenses of the Arbitrator and any clerk or grievances a named sole arbitrator for stenographer whom the Board of Arbitration provided for herein (whether or not such Board has been constituted)may require, and as well as the named sole arbitrator full costs of its own witnesses. 7. If the Union submits a disciplinary case to arbitration, the Arbitrator shall have the same power authority to substitute a lesser penalty if, in the Arbitrator’s opinion, the Company’s discipline was too severe. 8. The decision of the Arbitrator shall be final and binding on the parties. Should a matter not be resolved and an Arbitrator be required to resolve the issue, upon mutual agreement the parties may use the Expedited Arbitration Procedure as a Board outlined in Section 104 and 105 of Arbitration, and be subject to the same limitations as a Board of Arbitration hereundercurrent British Columbia Labour Relations Code.

Arbitration. 10.01 Where When either party requests that a difference arises between grievance be submitted to arbitration, the parties relating request shall be in writing addressed to the interpretation, application or administration of other party in this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice agreement and shall contain the name of the first party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days Board of the reply under Step 2Arbitration. The recipient party shall, of the notice shall within ten (10) working days, advise the other of the name of days thereafter designate its nominee to the arbitration board. 10.02 Board of Arbitration. The two (2) so nominated shall endeavor within ten (10) 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 so selected shallare unable to agree upon the third person as chairman within ten (10) days after the appointment of the second one of them, within fifteen 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 (1510) working days from the date of the appointment of the second of them them, or a time mutually agreed upon, appoint a prior to the appointment of the third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman arbitrator within the time limits, said period of ten (10) days to discuss 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 grievance submitted to them with a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject view 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 submissionsmutual settlement. 10.03 10.02 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievanceparticular grievance concerned. 10.04 10.03 Each of the parties hereto will bear shall pay its own expenses including pay for witnesses and the expenses of an nominee appointed by it its own arbitrator, and one half (½) the expenses and fees of the chairman. Time limits shall be strictly enforced unless the parties will jointly share representatives agree to extend. 10.04 The Board of Arbitration shall have authority only to settle disputes under the expenses terms of this agreement and only interpret and apply this agreement to the facts of the Chairman grievance(s) involved. Only grievances arising from the interpretation, application, administration, or alleged violation of the arbitration boardthis agreement, if anyincluding a question as to whether a matter is arbitrable, shall be arbitrable. 10.05 The Board of Arbitration shall not be authorized have no power to make alter, add to, subtract from, modify, or amend this agreement in order to give any decision inconsistent with it. A decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority, the decision of the chairman shall govern. 10.06 All agreements reached under the grievance and 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) involved. 10.07 Any grievance involving the interpretation of application, administration, or alleged violation of this agreement, which has been disposed of hereunder, shall not be made the subject of another grievance. No costs of any arbitration shall be awarded to or against any party. 10.08 At any stage of the grievance procedure, including arbitration, the parties may have the assistance of the employee or employees concerned as a witness and all reasonable arrangements will be made to permit the conferring parties or the Board of Arbitration to have access to any part of the residence to view any working conditions which may be relevant to the settlement of the grievance at a reasonable time and so as not to interfere with the function of the residence. 10.09 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon mediator for resolution. 10.10 By agreement of the parties, any unresolved grievance may be forwarded to a mutually agreed upon Sole Arbitrator, subject the provisions of this Agreement, nor to alter, modify or amend any part of this AgreementArticle. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where 12.1 When either Party requests that a difference arises between grievance be submitted to Arbitration, the parties relating request shall be 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 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 and shall contain the name of the first party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days Board of the reply under Step 2Arbitration. The recipient party of the notice shall, within ten (10) working daysdays thereafter, advise the other of the name of designate its nominee Nominee to the arbitration board. 10.02 Board of Arbitration. The two so nominated, shall endeavour within ten (210) nominees so selected shall, within fifteen (15) working days of after the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman 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 the time limits, ten (10) days after the appointment shall be made by of the second of them, then either Party may request the Minister of Labour for to appoint the Province third member and Chairperson of 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 shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration Arbitration. Notices of desire to arbitrate a dispute and nomination of an arbitrator shall have all powers as set out in Section 50 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 Labour Relations Act, Parties shall pay its own expenses including pay for witnesses and the power to mediate/arbitrate expenses of its own Nominee and one half (1/2) of the grievance, to enforce a settlement expenses and to limit evidence and submissionsfees of the Chairperson. 10.03 12.3 No person may be appointed as an arbitrator Arbitrator who has been involved in an attempt to negotiate or settle the grievanceparticular grievance concerned. 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 12.4 The Board of Arbitration shall not 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 authorized arbitrable. 12.5 The Board of Arbitration shall have no power to make alter, add to, subtract from, modify or amend this Agreement in order to give any decision that is inconsistent with it. The decision of the majority of the members of the Board of Arbitration shall be the decision of the Board, but if there is no majority the decision of the Chairperson shall govern. 12.6 The Parties may agree to the use of a sole arbitrator and the provisions of this Agreement, nor to alter, modify or amend Article shall then apply with any part of this Agreementappropriate revisions. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where 20.01 If the Union wishes to refer a difference arises between matter to arbitration, it shall within thirty (30) working days from the 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 (30) working days from the date of the Step Two decision, make such request in writing addressed to the President of the Union. 20.02 The parties agree to the use of a sole Arbitrator. If the parties relating to this agreement cannot agree on the interpretationArbitrator within fifteen (15) working days, application the Minister of Post Secondary Education, Training and Labour of the Province of New Brunswick will be asked to appoint one. 20.03 The Arbitrator shall hear and determine the difference or administration of this Agreement, allegation (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 nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision. The decision shall be final and binding upon the parties and upon any employee affected by it. . 20.04 The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration Arbitrator shall have all the powers as set out vested in Section 50 him or her by the New Brunswick Industrial Relations Act and by the Collective Agreement, including, in the case of the Labour Relations Actdiscipline or discharge, including the power to mediate/arbitrate substitute for the grievancediscipline or discharge such other penalties that the Arbitrator feels just and reasonable in the circumstances. The Arbitrator shall not change, to enforce a settlement and to limit evidence and submissionsmodify or alter the terms of the Collective Agreement. 10.03 20.05 No person may be appointed as an arbitrator Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 20.06 Each of the parties hereto will equally bear the expenses of an nominee appointed by it and the parties will jointly share the expenses expense of the Chairman Arbitrator. 20.07 At any stage of the arbitration boardgrievance procedure, if anyincluding arbitration, the conferring parties may have the assistance of the employee or employees concerned and any necessary witnesses, and all reasonable arrangements will be made to permit the conferring parties to have access to the Employer’s premises to view disputed operations and to confer with the necessary witnesses. 10.05 The Board of Arbitration shall not 20.08 Any and all time limits fixed by this section may be authorized to make any decision inconsistent with extended by mutual agreement, in writing, between the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association mayUnion. Should a grievance not be referred to arbitration within the time limits, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for it shall be deemed to have been abandoned. 20.09 Should the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power parties disagree as a Board of Arbitration, and be subject to the same limitations as a Board meaning of Arbitration hereunderthe Arbitrator’s decision, either party may within fifteen (15) working days after the decision is received, apply to the Arbitrator to clarify the decision.

Arbitration. 10.01 Where Section 8.1. If a difference arises between the parties relating party 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 party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire desires to submit the difference or allegation take a grievance to arbitration. The notice , it shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working calendar days after the denial of the reply under Step 2grievance, give written notice of his intention to the other party, together with a written statement of the specific provision or provisions of this Agreement at issue. Section 8.2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee parties shall attempt to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairmanselect an impartial arbitrator. If the two (2) nominees fail they are unable to agree upon a Chairman choice within seven (7) calendar days after the time limitsreceipt 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 parties alternately striking any name from the Province of Ontario, upon list (the request of either partyfirst 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 arbitrator of the grievance. Section 8.3. The jurisdiction and the decision of the arbitrator of the grievance shall be final confined to a determination of the acts and binding upon the parties interpretation or application of the specific provision or provisions of this Agreement at issue. The Arbitrator shall be bound by terms and upon provisions of this Agreement and shall have the authority to consider only grievances representing solely an arbitration issue under this Agreement. The arbitrator shall have no authority to add to, alter, amend, or modify any employee affected by itprovision of this Agreement. The decision of a majority shall be the decision of arbitrator in writing on any issue properly before the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out arbitrator in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent accordance with the provisions of this Agreement, nor to altershall be final and binding on the aggrieved employee or employees, modify or amend any part of this Agreementthe Union, and the Employer. 10.06 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 Employer Union and the Association mayEmployer shall each bear its own costs in these arbitration proceedings, by written agreement, substitute for a specific grievance or grievances a named except that they shall share equally the fee and other expenses of the arbitrator in connection with the grievance. Section 8.6. The Grievance Committee of the Union shall have the sole arbitrator for the Board of Arbitration provided for herein (authority to determine whether or not such Board has been constituted)the employee's grievance is qualified to be submitted to arbitration by the Union. The decision of the Grievance Committee shall be made at its first meeting after the Company's Step 3 answer, and the named sole arbitrator shall have Union will promptly inform the same power as a Board Company of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderits decision.

Arbitration. 10.01 Where 14.01 Within twenty-five days (25) after the final response to a difference arises between grievance properly processed under the parties relating to Grievance Procedure involving the interpretationapplication, application interpretation or administration alleged contravention of the provisions of this Agreement, including any question as to whether a or claiming wrongful disciplinary suspension or discharge of an Employee, and one of the parties is not satisfied with the response, the 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 may be submitted to arbitration. The In a case against the Employer, a written notice shall contain the name of the party’s nominee to an arbitration board and 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 is referred to Arbitration the parties shall within five (5) days inform the other within fifteen (15) working days party of the reply under Step 2name of its appointee to the arbitration board. The recipient party two appointees so selected shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, 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 Chairman. If the two (2) nominees fail referred to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon with the request of either party. that the Minister appoint a chairperson. 14.03 The arbitration board 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 shall be final and binding upon the parties and upon any employee affected by it. The parties. 14.04 A decision of a the majority of the members of the Arbitration Board shall be the decision of the arbitration board, but if there is no majorityBoard. In the case where a majority decision cannot be rendered, the decision of the Chairman Chairperson shall governbe the decision of the Arbitration Board. 14.05 Each party shall bear the cost of the services of its appointee to a board of arbitration. Subject to Article 10.05, once appointedThe costs of the services of the Chairperson shall be borne equally by both parties. 14.06 In lieu of a board of arbitration, the Board 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 arbitration. The costs of the single arbitrator shall be borne equally by both parties. 14.07 An arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act, including the no power to mediate/arbitrate the grievancealter, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate add to, subtract from, amend, modify or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make substitute any decision inconsistent with the provisions term of this Agreement, nor to alter, modify or amend any part and shall render a decision not inconsistent with the terms of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole . An arbitrator shall have all the same 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 a Board 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 Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderparties.

Arbitration. 10.01 Where a) Failing a difference arises between satisfactory settlement of a grievance in the parties relating above steps, and provided such grievance is related 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 party may, after exhausting any Grievance Procedure established by this Agreement, may notify the other in writing writing, within seven (7) days, of its desire to submit the difference or allegation to arbitration. . b) The notice referral to arbitration shall contain the name of the first party’s nominee 's appointee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2board. The recipient party shall, of the notice shall within ten five (105) working days, days advise the other party of the name of its nominee appointee to the arbitration board. 10.02 Arbitration Board. The two (2) nominees appointees so selected shall, within fifteen five (155) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairmanchairman. If the recipient of the notice fails to appoint an Arbitrator, or if the two (2) nominees appointees fail to agree upon a Chairman chairman within the time limitslimit, the appointment shall be made by the Minister Ministry of Labour for the Province of OntarioLabour, or his/her designate, upon the request of either party. . c) Instead of the above mentioned three person Board of Arbitration, the parties may agree that the matter is to be heard by a single arbitrator. d) The arbitration board Arbitration Board or single arbitrator, as the case may be, 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 employee affected by it, but in no case shall the Board or single arbitrator alter, modify or amend or supplement any part of this Agreement. The decision of a the majority shall be the decision of the arbitration boardArbitration Board, but if there is no not a majority, the decision of the Chairman shall chairman will govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle e) The Union and the grievance. 10.04 Each of Company shall each pay the parties hereto will bear the fees and expenses of an nominee appointed by it its appointees and the parties will jointly share the fees and expenses of the Chairman of third member or single arbitrator shall be paid equally by the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer Union and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderCompany.

Arbitration. 10.01 Where a) Both parties to this Agreement agree that a difference arises between properly constituted grievance as defined in Article12 – “Grievance Procedure”, Articles 12.02 and 12.05, which has been properly carried through all the requisite steps of the grievance procedure outlined in Article 12 and which has not been settled, abandoned or withdrawn, may be referred to a single arbitrator, or by mutual agreement of the parties relating to a Board of Arbitration, at the interpretationwritten request of either of the parties hereto. b) The parties agree to meet to develop a list of mutually agreeable arbitrators. Said list may be amended from time to time. No arbitrator shall be engaged unless they agree that any decision will be released not more than thirty (30) days following conclusion of the arbitration hearing(s), application or administration provided that if written reasons are to be delivered, it is understood that they may be released at a later date. a) The Board of this AgreementArbitration shall be composed of one (1) person appointed by the Employer, including any question one (1) person appointed by the Union and the third (3rd) person to act 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 Chairman chosen 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 two members of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen Board. b) Within fourteen (1514) working days of the reply under Step 2. The recipient written request by either party shallfor a single arbitrator or Board of Arbitration, within ten (10) working days, advise the other of the name of party shall nominate an Arbitrator or its nominee to the arbitration boardBoard if it agrees to a Board of Arbitration. The parties or nominees shall endeavour to agree as soon as possible to the single Arbitrator or Chairman respectively. 10.02 The two (2c) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees parties fail to agree upon a Chairman or single arbitrator within the time limitsspecified period of time, either party may apply for the appointment shall of an arbitrator under the terms of the Ontario Labour Relations Act. 13.03 No person may be made by appointed as an arbitrator who has been involved in any attempt to negotiate or settle the Minister grievance. 13.04 The decision of Labour for the Province arbitrator or the Board of OntarioArbitration, upon including any decision as to whether the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision matter is arbitral, shall be final and binding upon the parties and upon any employee affected by it. The decision In the absence of a unanimous decision the majority decision shall be accepted as the decision of the arbitration board, but if Board. In the event there is no majoritymajority decision, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, will be final. a) The arbitrator or the Board of Arbitration shall not have all powers as set out in Section 50 jurisdiction to amend, alter, modify, or add to, any of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to altersubstitute any new provision in lieu thereof, modify nor to give any decision inconsistent with the terms and provisions of this Agreement. Further the Arbitrator or amend Board is not authorized to deal with or to adjudicate any part matter not specifically assigned to it by the written grievance as specified in Article 12, or any matter not covered by this Agreement or arising outside the terms of this Agreement. 10.06 b) The arbitrator or Board of Arbitration shall have no jurisdiction to hear a layoff, failure to recall from lay off, discipline or discharge grievance put forth by or on behalf of a probationary employee unless the Employer has acted in bad faith or in a manner that is arbitrary or discriminatory. It is acknowledged that in a case of termination of a probationary employee, the sole question that may form the subject of a grievance is whether the decision to release the employee was made in a manner that was arbitrary, discriminatory or in bad faith, and the Association mayburden of proof with respect to such a claim rests with the Union. 13.06 An employee shall be obligated to mitigate damages as fully as possible and any monetary adjustment will be reduced by any employment income received by the griever for the period applicable. 13.07 Regardless of the outcome of the arbitration, each of the parties hereto will bear its own expenses and the fee and expenses of the nominee appointed by written agreementit. The parties will equally share the fee and expenses of the single arbitrator or the Chairman of the Board of Arbitration. The parties will equally share the expenses relating to facilities and other overheads directly related to the hearing. The arbitrator or Board of Arbitration shall have no authority to vary the provisions of this section or to impose costs on either party. 13.08 Time limits fixed in this Article may only be extended by mutual agreement in writing between the Union and the Employer, substitute for a specific grievance or grievances a named sole by order of the arbitrator for or the Chairman of the Board of Arbitration provided upon the application of either party, who are expressly empowered to make any order necessary for herein (whether or not such Board has been constituted)the fair, just and expeditious resolution of any matter which becomes the named sole arbitrator shall have the same power as a Board subject of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderarbitration.

Arbitration. 10.01 21.01 Where parties have made every effort to resolve a difference arises between the parties relating to concerning the interpretation, application or administration alleged violation of this Agreement, including any question as to whether and have exhausted the procedure outlined in Article 20, without reaching a matter is arbitrable, or where an allegation is made that this Agreement has been violatedsettlement, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit may refer the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration boardArbitration. 10.02 The two (2) nominees so selected shall21.02 Wherever, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail pursuant to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, a reference to arbitration is invoked, the parties shall endeavour to agree upon an impartial single arbitrator. In the event that the parties fail to agree upon a single arbitrator within ten days from the date of reference to arbitration, the parties shall, within a further ten days, each appoint one person who shall be a member of the Arbitration Board. 21.03 The two appointees shall, within five days, endeavour to agree upon an impartial third member who shall be Chairperson of the Board. In the event that the two members fail to agree upon a Chairperson, the Chairperson shall be appointed by the Minister of Labour of the Province of British Columbia. 21.04 The Arbitration Board shall, within 15 days of the naming of the Chairperson, hear the parties to the difference and give its decision. The 15 day period may be enlarged or abridged by mutual consent of the parties to the arbitration. 21.05 The Arbitration Board shall have jurisdiction and authority to interpret and apply the provisions of this Agreement insofar as it may be necessary to the determination of a difference referred to arbitration, but shall not have the jurisdiction nor the authority to alter, modify amend, add to or amend delete from any part of the provision of this Agreement. 10.06 The Employer 21.06 In any arbitration, the written difference shall be presented to the Arbitration Board and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for award of the Arbitration Board shall be confined to determining the issues set out therein. 21.07 The decision of the Arbitration provided for herein (whether or not such Board has been constituted), shall be final and binding on the employee(s) concerned and on the parties to this Agreement. 21.08 Each party shall bear the expense of its Appointee and the named sole arbitrator costs of preparation. The expense of the Chairperson shall have be borne equally by the same power as a Board Union and the Company. 21.09 The parties agree that the operation of Arbitration, and be subject to Section 87 of the same limitations as a Board Labour Code of Arbitration hereunderBritish Columbia is excluded.

Arbitration. 10.01 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 arbitrable, or where an allegation is made that this Agreement has been violatedcontravened, either party of the parties may, after exhausting any Grievance Procedure grievance procedure established by this Agreementagreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The arbitration and the notice shall contain the name of the first party’s nominee 's appointee to an arbitration board and shall be delivered to the other within fifteen (15) working days Arbitration Board. 15.02 The recipient of the reply under Step 2. The recipient party shall, notice shall within ten (10) working days, advise 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 nominee appointee to the arbitration boardArbitration Board. 10.02 The 15.03 A single arbitrator will only be appointed by the mutual agreement of both parties. 15.04 Where two (2) nominees appointees are so selected they shall, within fifteen ten (1510) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairman. chairperson. 15.05 If the recipient of the notice fails to appoint an arbitrator or if the two (2) nominees appointees fail to agree upon a Chairman chairperson within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, Relations Board upon the request of either party. The arbitration board . 15.06 A 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 decision shall be is final and binding upon the parties and upon any employee or employer affected by it. . 15.07 The decision of a the majority shall be is the decision of the arbitration boardArbitration Board but, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionschairperson governs. 10.03 No person 15.08 The arbitrator or Arbitration Board, as the case may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration boardbe, if any. 10.05 The Board of Arbitration shall not be authorized to make any by decision inconsistent with add to, delete from, modify or otherwise amend the provisions of this Agreement, nor . 15.09 The initial notice requesting submission of the grievance to alter, modify an arbitrator or amend any part 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 this Agreement. 10.06 The Employer and the Association may, 15.10 Any notice required under this Article shall be in writing by written agreement, substitute for a specific grievance registered mail or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether personal delivery or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject by fax to the same limitations parties at their respective mailing addresses. 15.11 Each party may be represented at the arbitration by representatives of its choice. 15.12 Each of the parties shall bear the fees and expenses of its nominee to the Arbitration Board and shall jointly share the fees and expenses of the Chairperson. 15.13 Time limits may be 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 Board of Arbitration hereunderdefined in this Agreement.

Arbitration. 10.01 Where 11.01 Either Party to this Agreement may request that a difference arises between the parties relating grievance be submitted to Arbitration by making such request in writing addressed to the interpretationother Party to this Agreement at any time within thirty (30) working days after the decision is given under Step Two of the grievance procedure. If no written re- quest for arbitration is received within this time period, application the grievance shall be deemed to have been withdrawn and is not eligible for arbitration. 11.02 The Arbitration Procedure incorporated in this Agreement shall be based on the use of a single Arbitrator, selected on a rotating basis from a panel of four (4) Arbitrators set out below. The Arbitrators shall be selected in the order they are set out below to hear grievances as they are referred to arbitration. That is, the first grievance shall be referred to the first name and so on in rotating order. In the event that an Arbitrator is not available to hear a grievance, then the next Arbitrator on the list shall be selected. ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇. 11.03 No matter may be submitted to arbitration which has not been properly carried through all the steps of the Grievance Pro- cedure. 11.04 Each of the Parties hereto will bear its own expense with re- spect to any arbitration proceedings. The Parties will jointly bear the expenses of the arbitrator on an equal basis. The Uni- versity agrees that the Unit President, Chief ▇▇▇▇▇▇▇, Stew- ard and the grievor involved in the processing of the griev- ance will be paid at their regular wage rate by the University during their attendance at arbitration and mediation hearings that are held during their regular working time, unless they are already on union leave. 11.05 The Arbitrator shall not be authorized, nor shall the Arbitrator assume authority, to alter, modify, or administration amend any part of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized nor to make any decision inconsistent with the provisions of this Agreementthereof, nor or to alter, modify or amend deal with any part of matter not covered by this Agreement. 10.06 11.06 The Employer Arbitrator shall hear and determine the grievances filed and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for decision of the Board of Arbitration provided for herein (whether or not such Board has been constituted), Arbitrator shall be final and binding on the Parties and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderemployees.

Arbitration. 10.01 Where a 7:01 Should any grievance or difference arises between fail to be satisfactorily settled under 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 violatedforegoing procedure, either party may, after exhausting any Grievance Procedure established by this Agreement, may within 14 days notify the other party in writing of its desire to submit the difference or allegation to arbitrationArbitration. The written notice shall contain the name a list of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen three (153) working days of the reply under Step 2suggested Arbitrators. The recipient party shall, within ten of this list may accept one (101) working days, advise the other of the name three (3) Arbitrators or in turn submit their own list of its nominee to the arbitration boardthree (3) suggested Arbitrators within five (5) regular working days thereafter. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. 7:02 If the two (2) nominees parties fail to agree upon a Chairman within the time limitson an arbitrator, the appointment shall matter may be made by referred to the Minister of Labour for the Province of Ontario, upon the request of either party. who shall appoint an Arbitrator. 7:03 The arbitration board arbitrator shall hear and determine the grievance or difference or allegation and shall issue a decision and the that decision shall be final and binding upon the parties and upon any employee the employees affected by it. . 7:04 The decision of a majority arbitrator shall be not have the decision authority to alter, add to, subtract from, modify or amend any of the arbitration board, but if there is no majority, provisions of this agreement or to substitute any new provisions for any existing provisions or make any decision inconsistent with the decision terms and provisions of the Chairman shall governagreement. Subject to Article 10.05, once appointedthe foregoing, the Board of Arbitration arbitrator shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate make any such decision as the grievance, to enforce a settlement arbitrator may in the circumstances deem just and to limit evidence and submissionsequitable. 10.03 7:05 Each of the parties hereto shall jointly share the fees and expenses of the arbitrator. 7:06 The parties may by mutual agreement amend the provisions 7:01 to provide for a panel of arbitrators in accordance with the “Hospitals Labour Disputes Arbitration Act.” 7:07 No person may be appointed shall act as an arbitrator who has been directly involved in an attempt attempts to negotiate or settle the grievance. 10.04 Each 7:08 Where both parties agree, a Board of Arbitrators may be submitted for a single arbitrator. In such cases, the parties hereto will bear shall endeavor to agree on the expenses selection of an nominee appointed by it a chairperson and in the parties will jointly share event they fail to do so, the expenses Minister of Labour shall be requested to appoint the Chairman of the arbitration board, if any. 10.05 chairperson. The Board of Arbitration Arbitrators shall not be authorized to make any decision inconsistent with bound by the provisions of this Agreement, nor Article 7 that apply to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator single arbitrator. Each party shall be responsible for the Board costs of Arbitration provided for herein their nominees as well as one half (whether or not such Board has been constituted), and ½) of the named sole arbitrator shall have costs of the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderarbitrator.

Arbitration. 10.01 a) Where a difference arises between the parties relating to the interpretation, application application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference grievance or allegation to arbitrationarbitration by a single arbitrator. The notice shall will contain the name name(s) of the party’s nominee to an arbitration board proposed arbitrator(s) and shall will be delivered to the other within fifteen ten (1510) working days of the reply under Step 23. The recipient party shallwill, within ten (10) working days, advise the other of the name of its nominee 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 arbitration board. 10.02 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. Where the parties agree to a Board of Arbitration, the two (2) nominees appointees so selected shallwill, within fifteen five (155) working days of the appointment of the second of them them, or a time mutually agreed upon, appoint a third person who shall will be the ChairmanChairperson. If the recipient party fails to appoint an arbitrator, or if the two (2) nominees appointees fail to agree upon a Chairman Chairperson, within the time limitslimit, the appointment shall will be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The arbitration board shall Arbitration Board will hear and determine the difference or allegation and shall will issue a decision and the decision shall will be final and binding upon the parties and upon any employee employees affected by it. The decision of a majority shall will be the decision of the arbitration boardArbitration Board, but if there is no majority, the decision of the Chairman shall Chairperson will govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 c) No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 d) Each of the parties hereto will bear the expenses of an nominee arbitrator appointed by it and the parties will jointly share the expenses of the Chairman Chairperson of the arbitration boardArbitration Board, if any. 10.05 e) The Board of Arbitration shall will not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where Failing settlement of a difference arises between grievance under the parties relating preceding procedure, such grievance may be 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 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 nominee to an arbitration board and shall be delivered to the other within fifteen ten (1510) working days of either receipt of the reply under Step 2. The recipient party shall4 response or the expiry of the time limit for response by the Employer, or where the parties consent to proceed to Step 5, within ten (10) working days, advise days of receipt of either the other written recommendations from the Elders or the expiry of the name of its nominee to time limit for response by the arbitration boardElders, provided the grievance has been properly processed through the entire grievance procedure. 10.02 The two If a grievance is not referred to arbitration within the ten (2) nominees so selected shall, within fifteen (1510) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitsday 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 the Province of Ontario, upon other party to this Collective Agreement. (b) The following arbitration provisions shall apply: (i) At 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share meet and negotiate an Anishinabek Arbitration provision. Following the expenses negotiation of an Anishinabek Arbitration provision, the parties shall comply with the Anishinabek Arbitration provision and Article 10.03(b)(ii) shall be of no force and effect; (ii) Pending the negotiation of an Anishinabek Arbitration provision: A. the Employer and the Union will attempt to agree on a single Anishinabek Arbitrator; B. failing agreement on a single Anishinabek Arbitrator, the Employer and the Union shall each select one (1) nominee and these nominees shall select an Anishinabek Chairperson, whenever possible, failing which, these nominees may select a non-Anishinabek Chairperson; C. at anytime and despite Articles 10.03(b)(ii)(A) and (B), with the consent of the Chairman of Employer and the arbitration board, if anyUnion a single Arbitrator may be used. 10.05 The Board of Arbitration (c) It is understood that the Arbitrator shall not be authorized to make any decision inconsistent interpret this Collective Agreement and shall only deal with the provisions of this Agreementquestions which are submitted, nor and shall have no power to alter, modify add to, or amend any part of this Collective Agreement. 10.06 (d) The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator Union shall each be responsible for the Board fees and expenses of Arbitration provided for herein (whether or not such Board has been constituted)its own appointee, if any, and for one-half (1/2) of the named sole arbitrator shall have fees and expenses of either the same power as a Board of Arbitration, and be subject individual appointed pursuant to the same limitations Anishinabek Arbitration provision as the Chairperson or a Board of Arbitration hereundersingle arbitrator agreed to by the parties.

Arbitration. 10.01 (a) 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 party may, of the parties may within fourteen (14) working days after exhausting any the Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The arbitration and the notice shall contain the name of the party’s nominee person appointed to be an arbitration board and shall be delivered to Arbitrator by the other within fifteen (15) working days of the reply under Step 2party giving notice. The recipient party to whom notice is given shall, within ten (10) working daysdays after receipt of such notice, advise appoint an Arbitrator and notify the other party of the name of its nominee the Arbitrator. (b) Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board. In which event, the provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board. The time limits set out in this Article may be extended at any time only by mutual agreement of both parties to the arbitration. 10.02 The two (2) nominees so selected Arbitrators appointed in accordance with Clause 10.01 shall, within fifteen fourteen (1514) working days of after the appointment of the second of them or a time mutually agreed uponthem, 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 ChairmanChairperson of the Arbitration Board. If the party to whom notice is given under Clause 10.01 fails to appoint an Arbitrator within the period specified, the Chairman of the Labour Relations Board shall, on the request of either party, appoint an Arbitrator on behalf of the party who failed to make the appointment and such Arbitrator shall be deemed to be appointed by that party. If the two (2) nominees Arbitrators appointed by the parties under Clause 10.01 fail to agree upon appoint a Chairman third Arbitrator within the time limitsperiods specified, the appointment shall be made by Chairman of the Minister of Labour for the Province of OntarioRelations Board shall, upon on the request of either party, appoint a third Arbitrator and these three (3) Arbitrators shall constitute an Arbitration Board. The arbitration Arbitrator appointed shall be Chairman of the Arbitration Board. 10.03 Both parties to a grievance shall be afforded the opportunity of presenting evidence and argument thereon and may employ counsel or any other person for this purpose. The Arbitration Board shall render its decision on the grievance within fifteen (15) days of the date on which the board shall hear and determine the difference or allegation and shall issue a decision is fully constituted and the decision of the board shall be final committed to writing and binding upon submitted to the parties and upon any employee affected by it. concerned within a further ten (10) days. 10.04 The decision of a the majority of the members of an Arbitration Board shall be the decision of the arbitration board, but if there is no majority, the Board. The decision of an Arbitration Board shall be signed by the Chairman shall govern. Subject to Article 10.05, once appointed, members of the Board making the majority report. The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of Arbitration a grievance and they shall have all powers as set out in Section 50 of comply with the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses decisions of an nominee Arbitration Board appointed in accordance with these provisions and do or, as the case may be, abstain from doing anything required by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The that decision. An Arbitration Board of Arbitration shall may not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify modify, or amend any part of provisions to this Agreement. 10.05 Should the parties disagree as to the meaning of the Arbitrator's decision, either party may apply to the Arbitrator to clarify the decision, which he/she shall do within twenty (20) days. 10.06 The Employer Each party required by this Agreement to appoint a nominee to the Arbitration Board shall pay the remuneration and expenses of that nominee deemed to have been appointed by that party under Clause 10.02 and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for parties shall pay equally the Board remuneration and expenses of the Chairperson of the Arbitration provided for herein (whether or not such Board has been constituted), Board. 10.07 At any stage of the Grievance and Arbitration Procedure the named sole arbitrator parties shall have the same power assistance of any employee(s) concerned as a Board witnesses. The Employer shall receive written notice of Arbitration, and be subject request for time off for any witness who is required for such assistance at least forty-eight (48) hours prior to the same limitations as a Board day of Arbitration hereunderthe hearing.

Arbitration. 10.01 Where 16.01 Any dispute or grievance concerning the interpretation or alleged violation of the Agreement or alleged wrongful dismissal which has not been settled through the Grievance Procedure of Article 15 shall be referred to a difference arises between Board of Arbitration at the request of either party. 16.02 The parties relating by mutual agreement may use a single arbitrator. If there is no mutual agreement then a Board of Arbitration will consist of one person appointed by the Employer, one person appointed by the Union and a third person to act as Chairperson chosen by the two appointees. 16.03 The request by either party for a Board shall name that party's appointee to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, notify the other in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2Board. The recipient party of the notice shall, within ten five (105) working days, advise the other party of the name of its nominee to the arbitration boardappointee. 10.02 The two 16.04 Should the appointee fail to agree on a Chairperson within five (25) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The arbitration board shall hear and determine the difference or allegation and shall issue a decision and the decision shall be final and binding upon asked to appoint a Chairperson. 16.05 No person may be appointed as Arbitrator who has been directly involved in attempts to negotiate or settle the parties and upon any employee affected by it. grievance or dispute. 16.06 The decision of a the majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board. 16.07 The Arbitration Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate settle the grievance, terms of the question to enforce a settlement and to limit evidence and submissionsbe arbitrated. 10.03 No person 16.08 If the Arbitration Board finds that an employee has been unjustly laid off, suspended or discharged, that employee shall be reinstated by the Employer and the Board may order that her/his reinstatement be without loss of pay, and with all his/her rights, benefits and privileges which she/he would have enjoyed if the lay-off, suspension, or discharge had not taken place. Provided, however, that if it is shown to the Board that the employee has been in receipt of wages during the period between lay-off, suspension or discharge and reinstatement, the amount so received shall be deducted from wages which may be appointed as an arbitrator who payable by the Employer pursuant to this clause, less any expenses which the employee has been involved incurred in an attempt order to negotiate or settle earn the grievancewages so deducted. 10.04 16.09 Whenever the Union requires the grievor or a shop ▇▇▇▇▇▇▇ to give evidence before an Arbitration Board, then such employee will not suffer any loss of wages. 16.10 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share party shall pay half the expenses of the Chairman Chairperson of an Arbitration Board or single Arbitrator and of the arbitration boardstenographic and other expenses of the Board, if anyunless paid by the Labour Relations Board. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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 party may, after exhausting any Grievance Procedure 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 nominee 's appointee to an arbitration board Arbitration Board and shall be delivered to the other party within fifteen ten (1510) working days of the reply under Step 2III. The recipient party shall, shall within ten (10) working days, advise the other of the name of its nominee appointee to the arbitration boardArbitration Board. 10.02 The two (2) nominees appointees 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 ChairmanChair. If the recipient party fails to appoint an Arbitrator, or if the two (2) nominees appointees fail to agree upon a Chairman Chair, within the time limitslimit, the appointment shall be made by the Minister Office of the Adjudication, Ministry of Labour for 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 shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration boardArbitration Board, but if there is no majority, majority the decision of the Chairman Chair shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator Arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee Arbitrator appointed by it and the parties will jointly share the expenses of the Chairman Chair of the arbitration boardArbitration Board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this the Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer Either party may request the services of a sole Arbitrator and if the Association mayparties agree, the case shall be heard by written agreementthe sole Arbitrator, 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)however, and the named sole arbitrator shall have the same power all other conditions as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunderset forth in this Article will prevail.

Arbitration. 10.01 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 arbitrable, or where an allegation is made that this Agreement has been violatedcontravened, either party of the parties may, after exhausting any Grievance Procedure grievance procedure established by this Agreementagreement, notify the other party in writing of its it's desire to submit the difference or allegation to arbitration. The arbitration and the notice shall contain the name of the first party’s nominee 's appointee to an arbitration board and shall be delivered to the other within fifteen (15) working days Arbitration Board. 15.02 The recipient of the reply under Step 2. The recipient party shall, notice shall within ten (10) working days, advise 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 nominee it's appointee to the arbitration boardArbitration Board. 10.02 The 15.03 A single arbitrator will only be appointed by the mutual agreement of both parties. 15.04 Where two (2) nominees appointees are so selected they shall, within fifteen ten (1510) working days of the appointment of the second of them or a time mutually agreed uponthem, appoint a third person who shall be the Chairman. chairperson. 15.05 If the recipient of the notice fails to appoint an arbitrator or if the two (2) nominees appointees fail to agree upon a Chairman chairperson within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, Relations Board upon the request of either party. The arbitration board . 15.06 A 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 decision shall be is final and binding upon the parties and upon any employee or employer affected by it. . 15.07 The decision of a the majority shall be is the decision of the arbitration boardArbitration Board but, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionschairperson governs. 10.03 No person 15.08 The arbitrator or Arbitration Board, as the case may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration boardbe, if any. 10.05 The Board of Arbitration shall not be authorized to make any by decision inconsistent with add to, delete from, modify or otherwise amend the provisions of this Agreement, nor . 15.09 The initial notice requesting submission of the grievance to alter, modify an arbitrator or amend any part 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 this Agreement. 10.06 The Employer and the Association may, 15.10 Any notice required under this Article shall be in writing by written agreement, substitute for a specific grievance registered mail or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether personal delivery or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject by fax to the same limitations parties at their respective mailing addresses. 15.11 Each party may be represented at the arbitration by representatives of it's choice. 15.12 Each of the parties shall bear the fees and expenses of it's nominee to the Arbitration Board and shall jointly share the fees and expenses of the Chairperson. 15.13 Time limits may be 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 Board of Arbitration hereunderdefined in this Agreement.

Arbitration. 10.01 12.01 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 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 nominee 's appointee to an arbitration board any Arbitration Board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten five (105) working days, advise the other of the name of its nominee appointee to the arbitration boardArbitration Board. 10.02 12.02 The two (2) nominees appointees so selected shall, within fifteen (15) working days of the appointment of the second of them them, or a time mutually agreed upon, appoint a third person who shall be the ChairmanChairperson. If the recipient party fails to appoint an arbitrator, or if the two (2) nominees appointees fail to agree upon a Chairman Chairperson within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The arbitration board 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 employee affected by it. The decision of a majority shall be the decision of the arbitration boardArbitration Board, but if there is no majority, the decision of the Chairman Chairperson shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 12.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 12.04 Each of the parties hereto will bear the expenses of an nominee arbitrator appointed by it and the parties will jointly share the expenses of the Chairman Chairperson of the arbitration boardArbitration Board, if any. 10.05 12.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 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, 8.01 When either party mayrequests that a grievance be submitted to arbitration as provided under Article 7, after exhausting any Grievance Procedure established by this Agreement, notify the other it shall make such a request in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered addressed to the other within fifteen party to this Agreement and, at the same time, nominate a nominee. Within seven (157) working calendar days of the reply under Step 2. The recipient party shallthereafter, within ten (10) working days, advise the other party shall nominate their nominee provided, however, that if such other party fails to nominate their nominee as herein required, and unless the time has been extended by mutual agreement between the two parties, the Federal Minister of Labour shall have power to effect such appointment upon application thereto by the name of its nominee to the party invoking arbitration board. 10.02 procedure. The two (2) nominees so selected shallnominated shall confer immediately and shall attempt to select, within fifteen (15) working days by agreement, a Chairperson of the appointment Arbitration Board. If they are unable to agree upon such Chairperson within a period of seven (7) calendar days after the nomination of the second nominee, they or either of them or a time mutually agreed upon, appoint a third person who shall be may request the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Federal 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 to appoint a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsChairperson. 10.03 8.02 No person may be appointed as an arbitrator a nominee who has been involved in an attempt to negotiate or settle the grievance. 10.04 8.03 No matter may be submitted to arbitration which has not been carried through all previous steps of the Grievance Procedure. 8.04 Each of the parties hereto will shall bear the expenses of an nominee the representative appointed by it on its behalf, and the parties will hereto shall jointly share bear the expenses expense of the Chairman Chairperson of the arbitration board, if anyBoard of Arbitration. 10.05 8.05 Any and all time limits referred to under the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Employer and the Union. 8.06 The decision of the majority of the Arbitration Board shall be the decision of the Board, and shall be final and binding on the Employer, the Union and the employee(s) affected, provided, however, that in no event shall the Board of Arbitration shall not be authorized have the power to change this Agreement or to alter, modify, or amend any of its provisions, nor to make any decision inconsistent in conflict with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may8.07 In determining any discharge, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power authority to: (a) affirm the Employer's action and dismiss the grievance, or; (b) set aside the penalty imposed by the Employer and restore the grievor to the grievor's former position with or without compensation, or; (c) vary or alter the penalty imposed by the Employer, or make such other determination as a the Board in its discretion may deem just and reasonable. 8.08 At any stage of the Grievance Procedure, including Arbitration, the parties may have the assistance of the employee(s) concerned as witnesses and any other necessary witnesses. All reasonable arrangements will be subject made to permit the conferring parties or the arbitrators to have access to any part of the Employer's premises to view any working conditions which may be relevant to the same limitations settlement of the grievances. Time spent during the grievance or arbitration process shall be deemed to be time worked up to the basic worked day or work week. 8.09 The parties may agree to appoint a Single Arbitrator rather than an Arbitration Board, in which case all references to 'Arbitration Board' shall be read as a Board of Arbitration hereunder'Single Arbitrator' throughout this Article.

Arbitration. 10.01 22.1 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, arbitral or where an allegation is made that this Agreement agreement has been violated, either party may, within thirty (30) working days, after exhausting any the Grievance Procedure established by provided herein, request that the matter be submitted to arbitration. 22.2 When either party requests that a matter be submitted to arbitration, such a request will be made in writing to the other party of this Agreement, notify and 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 nominee to an arbitration board and shall be delivered first party appointee to the other within fifteen (15) working days Arbitration Board, and the subject to be arbitrated. 22.3 The recipient of the reply under Step 2. The recipient party shallnotice will, within ten five (105) working days, advise the other first party of the name of its nominee appointee to the arbitration boardArbitration Board. The two appointees so nominated may meet and try to settle the grievance. If within three (3) working days, they fail to reach an agreement, they will attempt to select by agreement, a third member to act as an impartial Chair of the Arbitration Board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days 22.4 If the recipient of the appointment of the second of them notice fails to appoint an Arbitrator, or a time mutually agreed upon, appoint a third person who shall be the Chairman. If if the two (2) nominees appointees fail to agree upon a Chairman Chair within the time limitsfour (4) working days, the appointment shall Ontario Labour Relations Board will be made by asked to name an impartial Chair. 22.5 The decision of the Minister majority of Labour for the Province members of 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 shall Board will be final and binding upon binding, and in the parties and upon any employee affected by it. The decision absence of a majority shall be the decision of the arbitration board, but if there is no majoritydecision, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement Chair will be final and to limit evidence and submissionsbinding. 10.03 No person may 22.6 Each party will be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear responsible for the expenses of their own appointee and responsible also for an nominee appointed by it and the parties will jointly equal share the expenses of the Chairman of the arbitration boardfees and expenses, if any, incurred by the Chair. 10.05 The 22.7 Neither an Arbitration Board of Arbitration shall not be nor a Single Arbitrator is authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify modify, amend or amend supplement any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as 22.8 As an alternative to a Board of Arbitration, and a sole arbitrator may be subject to used if mutually agreeable. 22.9 The time limits outlined in this article may be extended upon mutual agreement by the same limitations as a Board of Arbitration hereunderparties.

Arbitration. 10.01 Where 8.01 If the procedures set forth in Section 7.01, Step A and Step B, do not result in a difference arises solution being reached within seven (7) days of the first discussion between a Business Representative of the parties relating to Union and a representative of the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrableCompany, or where within such further period as the Company and the Union agree to in writing, the dispute shall be referred to an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, Arbitration Board of three (3) persons appointed as follows: (a) The Party desiring arbitration shall appoint a member for the Board and shall notify the other Party in writing of its desire to submit the difference or allegation to arbitration. name and address of the person so appointed and particulars of the matter in dispute. (b) The Party receiving the notice shall contain within five (5) days appoint a member for the name of the party’s nominee to an arbitration board Board and shall be delivered to notify the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name Party of its nominee to the arbitration boardappointment. 10.02 (c) The two (2) nominees Arbitrators so selected shallappointed, within fifteen shall confer to select a third person to be Chairman, and failing for three (153) working days of from the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limitsperson willing to act, the appointment shall be made by either of them may apply to the Minister of Labour for of British Columbia to appoint such third member. (d) The Arbitration Board shall sit, hear the Province Parties, settle the terms of Ontariothe question to be arbitrated, upon and make its award within ten (10) days from the request date of either party. the appointment of the Chairman, provided the Parties may extend the time by agreement in writing. (e) The arbitration board shall hear and determine the difference or allegation and shall issue Parties may mutually agree that a decision and the decision shall sole arbitrator be final and binding upon the parties and upon any employee affected by itappointed in place of a three (3) person board. The decision of a majority the sole arbitrator shall be deemed to be the decision of the arbitration boardBoard and shall be final and binding. All expenses incurred by the sole arbitrator shall be paid equally by the Parties. Each Party shall pay its own costs. 8.02 If the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is found) that an employee has been unjustly suspended or discharged, but 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 there the suspension or discharge had not taken place, or if the Arbitration Board finds (or if at any earlier stage of the Grievance Procedure it is no majorityfound) 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 the Board that the employee has been in receipt of wages during the period between discharge or suspen-sion and reinstatement, or date of failure to rehire and rehiring, the decision amount so received shall be deducted from wages payable by the Company pursuant to this Article, less any expenses which the employee has incurred in order to earn the wages so deducted, AND PROVIDED THAT the Arbitration Board if circumstances are established before it, which, in the opinion of the Arbitration Board, makes it just and equitable to do so, shall have authority to order the Company to pay less than the full amount of wages lost. 8.03 The Arbitration Board shall have the right to modify any penalty imposed by the Company on an employee. 8.04 If the award of the Arbitration Board is subsequently set aside by a court of competent jurisdiction, the question shall, at the request of either Party, be submitted to another Arbitration Board appointed pursuant to and with all the powers provided by this Article. 8.05 The expenses and remuneration of the Chairman shall govern. Subject to Article 10.05, once appointedbe paid by the Parties in equal shares. 8.06 Without restricting the specific powers hereinbefore mentioned, the Arbitration Board of Arbitration shall have all the general powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if anyArbitration Board. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where 29.01 The Party desiring arbitration shall submit a difference arises between the parties relating to the interpretation, application or administration list of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, four (4) Arbitrators and shall notify the other Party in writing of its desire to submit the difference or allegation to arbitration. name and address of the persons so nominated and particulars of the matter in dispute. 29.02 The Party receiving the notice shall contain within five (5) days thereafter notify the name other Party of its selection, if any, from the Arbitrators submitted. 29.03 Failing agreement, the two (2) parties shall confer to select an Arbitrator and failing for three (3) days to agree upon a person willing to act, either of them may apply to the Honourable Minister of Labour to appoint an Arbitrator. 29.04 The Arbitrator shall sit, hear the Parties, settle the terms of the party’s nominee question to an arbitration board be arbitrated, and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, make its award within ten (10) working days, advise days from the other of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days date of the appointment of the second Chairman, provided the time may be extended by agreement of them the Parties. 29.05 If the Arbitrator finds that an employee has been unjustly suspended, discharged, or laid- off, that employee shall be reinstated by the Company without loss of pay and with all his rights, benefits and privileges which he 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 time mutually agreed uponparticular 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 Chairman. If designate within five (5) days, and the two (2) nominees fail to designates selected shall agree upon a Chairman Chairperson within the time limitsfive (5) additional days. Failing agreement upon a Chairperson, the appointment parties shall be made by apply to the Honourable 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 a decision and the decision shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out outlined 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 submissions29.03 above. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where a difference arises between 8.01 Either of the parties relating wishing to the interpretationsubmit a grievance to either a Board of Arbitration or a single Arbitrator as may be mutually acceptable, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either party may, after exhausting any Grievance Procedure established by this Agreement, shall notify the other party in writing of its desire intention to submit the difference or allegation to arbitrationso do. The notice party giving notification shall contain include either the name of their nominee or a list of acceptable arbitrators as the party’s case may be. 8.02 Within seven (7) days after receipt of notification as provided in clause 8.01 above, the party receiving notification shall advise the other party either of its acceptance of a single Arbitrator or its nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other of the name of its nominee to the arbitration boardArbitration Board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the appointment shall be made by the Minister of Labour for the Province of Ontario, upon the request of either party. The 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 employee affected by it. The decision of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 8.03 No person may shall be appointed as an arbitrator who Arbitrator or as a member of an Arbitration Board if the person is directly affected by the difference or if the person has been involved in an attempt to negotiate or settle the grievancedifference. 10.04 8.04 The appointees nominated by the parties shall, within seven (7) days, endeavour to select a mutually acceptable Chairperson of the Arbitration Board. If they are unable to agree upon the choice of a Chairperson they shall immediately request the Minister of Labour for the Province of Alberta to appoint a Chairperson. 8.05 After the Arbitration Board has been formed, or the single Arbitrator appointed, in accordance with the above procedure, a meeting shall be held as soon as reasonably possible to hear such evidence as both parties may desire to present to assure a full, fair hearing. A decision in writing to the parties shall be rendered within sixty (60) days after completion of the hearing. 8.06 The Chairperson shall have the authority to render the decision with the concurrence of either of the other members, and a decision thus rendered shall be final and binding on both parties. The decision of a single Arbitrator shall be final and binding on both parties. 8.07 The Arbitration Board or single Arbitrator in its decision shall not alter, amend or change the terms of this Collective Agreement. 8.08 Each of the parties hereto will to this Collective Agreement shall bear the expenses of an nominee appointed by it its appointee to the Arbitration Board. The fees and the parties will jointly share the expenses of the Chairman Chairperson or of a single Arbitrator shall be borne equally by the two (2) parties to the dispute. 8.09 Any of the time limits herein contained in arbitration board, proceedings may be extended if anymutually agreed to in writing by the parties. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with 8.10 For the provisions purposes of this AgreementArticle, nor periods of time referred to alterin days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, modify or amend any part of this AgreementSundays and Named Holidays which are specified in the Named Holidays Article. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 13.01 Where a difference arises between the parties relating to the interpretation, application 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 agreement has been violated, either party may, of the parties may after exhausting any Grievance Procedure established by this Agreementthe grievance procedure as herein provided, notify the other party in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within . 13.02 Within ten (10) working daysdays following the request of either party for a Board of Arbitration, advise each party shall notify the other of the name of its nominee to the arbitration boardappointee. 10.02 13.03 Each party will appoint a Nominee to a Board of Arbitration. The two (2) nominees so selected shall, within fifteen (15) working days Nominees will be required to agree upon the name of an Arbitrator who will be asked by them to sit as Chair of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairman. If Arbitration Board. 13.04 Should the two (2) nominees Nominees fail to agree upon a Chairman Chairperson within thirty (30) days of the time limitssecond Nominees notification, the appointment shall be made by the Minister Ministry of Labour for the Province of Ontario, upon the request of by either party. . 13.05 The arbitration board shall hear and determine decision of the difference or allegation and shall issue a decision and Board of Arbitration established in the decision above manner shall be final and binding upon on the Employer and the Union. 13.06 Each of the parties and upon any employee affected by it. The decision to this Agreement will bear the expense of a majority shall be the decision of the arbitration board, but if there is no majority, the decision of the Chairman shall govern. Subject its Nominee to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 and will jointly share the expense of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsChairperson. 10.03 13.07 No person may shall be appointed selected as an arbitrator Arbitrator who has been directly involved in an attempt attempts to negotiate or settle the grievanceGrievance. 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 13.08 The Board of Arbitration Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify modify, or amend any part of this Agreement. 10.06 13.09 The Employer and time limits may be extended by mutual consent of the Association mayparties. 13.10 Wherever Arbitration Board is referred to in this Agreement, by written agreement, the parties may mutually agree in writing to substitute for a specific grievance or grievances a named sole single arbitrator for the Arbitration Board at 13.11 The provisions of Arbitration provided for herein (whether or not such Board has been constituted)the Ontario Labour Relations Act., and the named sole arbitrator shall have the same power as amended from time to time, may be used in settling a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereundergrievance.

Arbitration. 10.01 11.07.01 Where a difference arises between the parties Parties relating to 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 party Party may, after exhausting any Grievance Procedure 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 nominee Party appointed to an arbitration board Arbitration Board and shall be delivered to the other within fifteen ten (1510) working school days of receiving the reply under Step 22 of the Grievance Procedure. The recipient party shall, Party shall within ten (10) working school days, advise the other of the name of its nominee appointee to the arbitration boardArbitration Board. 10.02 11.07.02 The two (2) nominees 2 appointees so selected shall, within fifteen five (155) working school days of the appointment of the second of them or a time mutually agreed upon, appoint a third person who shall be the ChairmanChair. If the recipient Party fails to appoint an arbitrator or if the two (2) nominees appointees fail to agree upon a Chairman Chair within the time limitslimit, the appointment shall be made by the Minister Ministry of Labour for the Province of Ontario, upon the request of either partyParty. The arbitration board Arbitration Board shall hear and determine the difference or allegation and shall issue a its decision and the decision shall be final and binding upon the parties Parties, and upon any employee Teacher affected by it. The decision of a majority shall be the decision of the arbitration boardArbitration Board, but if there is no majority, the decision of the Chairman Chair shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissions. 10.03 11.07.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 11.07.04 Each of the parties Parties hereto will bear the expenses of an nominee the arbitrator appointed by it and the parties Parties will jointly share the expenses of the Chairman Chair of the arbitration boardArbitration Board, if any. 10.05 11.07.05 Where both Parties agree arbitration may be dealt with by a single arbitrator, the Parties will share equally the expenses of the arbitrator. 11.07.06 The arbitrator or Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this the Agreement, nor not to alter, delete from, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where a difference arises between the parties relating (a) No matter may be submitted to the interpretation, application or administration of arbitration under this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement Article by either Party unless settlement has been violatedattempted through all of the steps of the grievance procedure outlined in Article 11.07. Failing resolution of the grievance under the provisions of the grievance procedure, either party the griever may, after exhausting any Grievance Procedure established by this Agreementwithin fourteen (14) calendar days of the conclusion of the last step of the grievance procedure, give notice of submission of the grievance to arbitration. (b) At the time of submitting the grievance to arbitration, the Party referring the matter to arbitration shall notify the other Party in writing indicating the name, address and telephone number of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to board. Within fourteen (14) calendar days thereafter, the other within fifteen (15) working days of Party shall respond in writing indicating the reply under Step 2. The recipient party shallname, within ten (10) working days, advise the other of the name address and telephone number of its nominee to the arbitration board. 10.02 . The two (2) nominees so selected shall, within fifteen (15) working days shall 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 or a time mutually agreed upon, appoint a third person who shall be the Chairman. If the two (2) nominees fail to agree upon a Chairman within the time limits, the their appointment shall be made by then either Party may ask the Minister of Labour for Nova Scotia to name an arbitrator who shall act as the Province of Ontario, upon chair. (c) A single arbitrator may be appointed by mutual agreement between 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 employee affected by it. Parties. (d) The decision of a the majority shall be the decision of the arbitration board, but if . Where there is no majoritymajority decision, the decision of the Chairman chair shall govern. Subject to Article 10.05, once appointed, be the Board of Arbitration shall have all powers as set out in Section 50 decision of the Labour Relations Actboard. The decision of the board of arbitration shall be final, including binding and enforceable on all Parties. (e) The board of arbitration (or the single arbitrator) shall not have the power to mediate/arbitrate the grievancealter, to enforce a settlement and to limit evidence and submissions. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate amend, modify, change or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and (f) Each of the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject Parties to the same limitations as a Board grievance shall bear the cost of Arbitration hereundertheir respective nominee and shall pay one-half (1/2) of those fees and expenses of the chair (or single arbitrator) not covered by the Minister of Labour. Cost of counsel shall be borne by the Party retaining same.

Arbitration. 10.01 Where a difference arises between An Arbitration Board shall be constituted and convened in the parties relating to following manner: (a) If the interpretation, application grievance is unresolved at Step Two or administration upon the failure of this Agreement, including any question as to whether a matter is arbitrablethe Director, or where an allegation 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 made that this Agreement has been violatedappropriate, either the grieving party may, after exhausting any Grievance Procedure established by this Agreement, may notify the other party, in writing of its desire to submit the difference or allegation to arbitration. The notice shall contain the name of the party’s nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shallwriting, within ten (10) working days, advise of its intention to submit the other matter to arbitration. (b) The party receiving the notice shall appoint its nominee within ten (10) days of receipt of notice. (c) In making their appointments to the Arbitration Board both parties shall be guided by the following: That no person be appointed a 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 name parties but no person shall be deemed to have direct pecuniary interest by reason of its nominee to his or her being a rate payer within the arbitration boardarea of jurisdiction of the Board. 10.02 (d) The two (2) nominees appointees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time some mutually agreed upon, upon time appoint a third person who shall be the Chairman. Chairperson. (e) If the two (2) nominees fail recipient of the notice fails to agree upon a Chairman appoint an appointee within the time limits, designated the appointment shall be made by the Minister of Labour for or, if the Province two appointees fail to agree upon a Chairperson within the time designated, the Chairperson shall be appointed by the Minister of Ontario, upon the request of either party. Labour. (f) The arbitration board Arbitration Board shall hear and determine the difference or allegation grievance and shall issue a decision. The decision and the decision shall be is final and binding upon the parties and upon any employee Teacher affected by it. The A decision of a the majority shall be the decision of the arbitration board, but if Arbitration Board. If there is no majority, majority the decision of the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsChairperson governs. 10.03 No person may (g) The Board and the appropriate Association shall each be appointed as an arbitrator who has been involved in an attempt to negotiate or settle responsible for the grievance. 10.04 Each of the parties hereto will bear the fees and expenses of an nominee appointed by it and the its own appointee. The parties will jointly share equally the fees and expenses of the Chairman Chairperson. (h) The Arbitration Board shall have the authority only to settle disputes under the terms of a grievance as outlined in this Article and will only interpret and apply this Agreement to the facts of the arbitration boardparticular grievance involved. The Arbitration Board shall have no power to alter, if any. 10.05 The Board of Arbitration shall not be authorized to make any decision inconsistent with the provisions of add to, subtract from, modify or amend this Agreement, nor to alter, modify or amend give any part of this Agreementdecision inconsistent with it. 10.06 The Employer and the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.

Arbitration. 10.01 Where a difference arises between It is the mutual desire of the Union and the Commission to expedite, where possible, the arbitration proceedings referred to herein. In that regard, the parties relating will make every effort to conclude an “Agreed Statement of Fact” which will be submitted to the Board of Arbitration. 1. The grieving party may submit the grievance to Arbitration at any time within 30 calendar days following the receipt of the reply at Step 3, or if no reply is received, within 30 calendar days following the expiration of the period limited for such reply, or, in the case of a Union or Commission grievance, within 30 calendar days of the expiration of the 30 calendar days’ period referred to in the preceding paragraph. Where Grievance Mediation occurs and no settlement is reached, the matter may be referred to Arbitration by the grieving party within thirty (30) calendar days after the five (5) calendar day period following the completion of the Mediation process referred to in Item (j) has elapsed. 2. No matter may be submitted to Arbitration which has not been properly carried through the grievance procedure provided that the parties may extend the time limits fixed in both the grievance and arbitration procedures. Where no reply is given by a party within the time limits specified in the grievance procedure, the other party shall be entitled to submit the grievance to the next step of the grievance procedure, or to Arbitration as the case may be. (1) Either party desiring to submit to Arbitration any matter arising from the interpretation, application application, administration or administration alleged violation of this the Agreement, including any question as to whether a matter is arbitrablearbitrable as provided herein, 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 shall give notice to the other party in writing of its desire to submit refer the difference or allegation grievance to arbitrationArbitration and at the same time shall inform the Chairperson Nominee who is then first on the list of Chairperson Nominees, which list is referred to in Paragraph 3(2)(a) hereof, and who therefore is entitled to act as Chairperson of the Arbitration Board pursuant to the terms of Paragraph 3(2)(b) hereof. (a) The Chairperson of the Board of Arbitration must be selected from a list of Chairperson Nominees, agreed to between the parties, which list will be subject to additions and/or deletions from time to time with the mutual consent of the parties hereto. The notice order of names on the list shall contain the name rotate as hereinafter provided. (b) The Chairperson of the party’s nominee to an arbitration board and Board of Arbitration shall be delivered the Chairperson Nominee, whose name is first on the list at the time the grievance is submitted to Arbitration, provided that the other said Chairperson Nominee must be able to provide the parties with a hearing date which is within fifteen (15) working 90 calendar days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise the other date of the name of its nominee to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days referral of the appointment of grievance to Arbitration or such other date as is agreed to by the second of them or a time mutually agreed upon, appoint a third person who shall be the Chairmanparties. If the two (2) nominees fail Chairperson Nominee whose name is first on the list is not able to agree upon establish a Chairman hearing date which is within such 90 calendar days, the Chairperson Nominee whose name is second on the list must be selected as Chairperson, provided that he is able to establish a hearing date which is within such 90 calendar days, and the selection process shall continue until a Chairperson Nominee is able to provide the parties with a hearing date which is within 90 calendar days is reached on the list. In the event that the list of Chairperson Nominees is exhausted without finding a Chairperson able to so provide a hearing date, the Chairperson Nominee whose name was first on the list at the time limitsof the referral of the grievance to Arbitration will be selected as the Chairperson of the Board of Arbitration and the said Chairperson will be requested to schedule the earliest possible date for a hearing. Where any such Chairperson is unable or unwilling to act, the appointment selection of a Chairperson shall be made in order from the list. (c) Each party shall at any time but not later than 15 calendar days following the establishment of the date of hearing by the Minister Chairperson appoint its Nominee to the Board of Labour for Arbitration on the Province understanding that the date established by the Chairperson will not be altered except by agreement of Ontariothe parties and the Chairperson. Either party may make substitution to their Nominee at any time. (d) Notwithstanding anything herein contained, where the grievance involves any matter other than a difference between the parties respecting discharge from, or other termination of, employment, upon the request of either party, made within 10 calendar days after delivery of the notice referred to in Paragraph 3(1) above, the requirement of a hearing date within 90 calendar days of the referral to Arbitration shall be waived, and the Chairperson who is first on the list at the time of the initial referral will be asked to provide dates for Arbitration upon which the parties can agree. (e) The name of a Chairperson Nominee will be placed at the bottom of the list when he or she either: (i) becomes seized of a grievance, or (ii) advises the parties in a case to which provisions requiring a hearing within 90 calendar days of the referral apply, that he or she is unable to provide a hearing date with such 90 calendar days. 4. The arbitration board Board of Arbitration as selected and composed in accordance with this article shall hear and determine the difference or allegation grievance and shall issue a decision and the decision shall be is final and binding upon the parties and upon any employee or employer affected by it. The decision of a majority shall be is the decision of the arbitration boardBoard of Arbitration, but if there is no majority, the decision of the Chairman shall governChairperson governs. 5. Subject to Article 10.05, once appointed, the The Board of Arbitration shall have all powers be required by the parties, in any grievance involving discharge or other termination of, employment, or discipline, to render a decision within 30 calendar days following the hearing, with or without written reasons, and in the absence of written reasons, the Arbitration Board shall give written reasons for its decision within 60 calendar days following the rendering of the decision. If any Board of Arbitration shall fail to render its decision, or give reasons as the case may be, within the time periods set out in Section 50 this Paragraph, upon the request of either party, the name of the Labour Relations Act, including Chairperson of such Board shall be deleted from the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionslist of Chairpersons contained in Subparagraph 3(2)(d) hereof. 10.03 No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance. 10.04 Each of the parties hereto will bear the expenses of an nominee appointed by it and the parties will jointly share the expenses of the Chairman of the arbitration board, if any. 10.05 6. The Board of Arbitration shall not be authorized entitled to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify modify, add to or amend any part of this the Agreement. 10.06 7. The Employer parties shall each pay one half of the remuneration and expenses of the Association may, by written agreement, substitute for a specific grievance or grievances a named sole arbitrator for Chairperson of the Board of Arbitration provided while each party shall be responsible for the remuneration and expense of its appointee to the Board. 8. It is the mutual desire of the Union and the Commission that every possible attempt be made to resolve complaints or grievances without resorting to Arbitration, and to this end each party agrees to meet at the request of the other party at all reasonable times in an attempt to resolve such complaint and grievance, and nothing herein (whether contained shall preclude the parties from meeting and discussing the complaint or not such Board grievance at any stage thereof, either before or after the matter has been constituted)submitted to Arbitration. At any such meeting each of the parties may attend with such representative or representatives as each shall respectively choose. 9. In the alternative to the foregoing, and the named parties may, in writing, agree that the matter may be arbitrated by a sole arbitrator Arbitrator selected by the parties or, in default of mutual selection, to be selected by the Minister of Labour for the Province of Ontario. Where a sole Arbitrator is selected or appointed as aforesaid, the Arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations powers as a Board of Arbitration hereunderunder this Agreement, and the Arbitrator’s compensation and legitimate expenses shall be divided equally between the parties.

Arbitration. 10.01 Where a difference arises between 15.1 All disputes or differences of any kind whatsoever which shall at any time arise the parties relating hereto touching them or concerning the work or execution or maintenance thereof this Contract or the construction operation or effect thereof or to the interpretationrights or liabilities of the parties or arising out of or in relation thereto whether during or after determination, application foreclosure or administration breach of this Agreement, including contract (other than those in respect of which the decision of any question as person is by the contract expressed to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, be final and binding) shall after written notice by 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 nominee to an arbitration board and shall be delivered to the other within fifteen (15) working days of the reply under Step 2. The recipient party shall, within ten (10) working days, advise contract or the other of the name of its nominee them and to the arbitration board. 10.02 The two (2) nominees so selected shall, within fifteen (15) working days of the appointment of the second of them or a time mutually agreed upon, appoint a third person Appointing Authority who shall be appointed for this purpose by the ChairmanEmployer, be referred for adjudication to a sole arbitrator to be appointed as here in after provided. 15.2 For the purpose of appointing the sole Arbitrator referred to above, the Appointing Authority will send within thirty days of receipt by him of the written notice aforesaid to the Contractor, a panel of the three names of persons who shall be presently unconnected with the organization for which the work is executed. 15.3 The Contractor shall on receipt by him of the names as aforesaid, select any one of the persons named to be appointed as a sole Arbitrator and communicate his name to the Appointing Authority within thirty days of receipt by his the names. The Appointing Authority shall thereupon without any delay appoint the said person as the sole Arbitrator, if the Contractor fails to communicate such selections as provided above within the period specified, the appointing authority shall made the selection and appoint the selected person as the sole Arbitrator. 15.4 If the two (2) nominees fail appointing Authority fails to agree upon a Chairman send the Contractor the panel of three names as aforesaid within the time limitsperiod specified, the appointment Contractor shall send the Appointing Authority a panel of three names of persons who shall be made by the Minister of Labour for the Province of Ontario, upon the request of unconnected with either party. The arbitration board Appointing Authority shall hear on receipt by him of the names as aforesaid select any one of the persons named and determine appoint him as a sole Arbitrator. If the difference or allegation Appointing Authority fails to select the person and shall issue a decision appoint him as the sole Arbitrator within 30 days of receipt by him of the panel and inform the decision Contractor accordingly, the Contractor shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision entitled to appoint one of the arbitration board, but if there is no majority, person from the decision of panel as a sole arbitrator and communicate his name to the Chairman shall govern. Subject to Article 10.05, once appointed, the Board of Arbitration shall have all powers as set out in Section 50 of the Labour Relations Act, including the power to mediate/arbitrate the grievance, to enforce a settlement and to limit evidence and submissionsAppointing Authority. 10.03 No person may 15.5 If the Arbitrator so appointed is unable or unwilling to act or resign his appointment or vacate his office due to any reason whatsoever another sole arbitrator shall be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievanceaforesaid. 10.04 Each 15.6 The work under the Contract shall, however continue during the Arbitration proceeding and no payment due or payable to the Contractor shall be withheld notice on account of such proceedings. 15.7 The Arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the parties hereto will bear first hearing. 15.8 The Arbitrator may from time to time, with the expenses of an nominee appointed by it and the parties will jointly share the expenses consent of the Chairman parties, enlarge the time for making and publishing the Award. 15.9 The Arbitrator shall give a separate award in respect of each dispute in accordance with the terms of the arbitration board, if anyContract and give a reasonable award. 10.05 The Board 15.10 It is also a term of Arbitration shall the Contract that if Contractor (s) do/does not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify or amend any part of this Agreement. 10.06 The Employer and the Association may, by written agreement, substitute demand for a specific grievance or grievances a named sole arbitrator for the Board of Arbitration provided for herein (whether or not such Board has been constituted), and the named sole arbitrator shall have the same power as a Board of Arbitration, and be subject to the same limitations as a Board of Arbitration hereunder.------------------------------------------- -------------------------------------------