Common use of Interest Arbitration Clause in Contracts

Interest Arbitration. 17.01 In the event that either party elects to modify or amend this Agreement and gives notice to bargain in accordance with the Agreement, the parties agree that they may at any time after a thirty (30) day period has elapsed from the date on which notice to bargain was given mutually agree to invoke the provisions of Section 40 of the Labour Relations Act. Each party shall, within ten (10) days after such a mutual agreement is effected, advise the other of the name of its appointee to the Arbitration Board. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between the parties to arbitration as contemplated by Section 40, notwithstanding the expiry of this Collective Agreement. 17.02 The two (2) appointees so selected shall appoint within five (5) days of the appointment of the latter appointee a third (3rd) who shall be Chairperson. If either party fails to appoint an appointee or if the two (2) appointees fail to agree upon a Chairperson, the appointment shall be made in either event by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the matter and shall issue a decision setting forth the new Collective Agreement and the decision shall be final and binding upon the parties and any nurse affected by it. The decision of the majority shall be the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern. 17.03 Each of the parties shall bear the expenses of the appointee appointed by or for it and the parties shall share equally the expense of the Chairperson if any. 17.04 If a person ceases to be a member of the Board of Arbitration by reason of his/her resignation, death or otherwise before it has completed its work, the party whose point of view was represented by such person shall within five (5) days appoint a new member in his/her place provided that if the Chairperson is unable to carry out his/her duties a new Chairperson shall be appointed in accordance with the provisions of this Article within five (5) days of his/her withdrawing. 17.05 The Board of Arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the Board necessary to be decided in order to conclude a Collective Agreement between the parties. In the event that the provisions of this Article are invoked by the parties, then the provisions of this Collective Agreement shall remain in full force and effect beyond the expiry date of this Collective Agreement until the effective date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the previous Agreement.

Interest Arbitration. 17.01 In the event that either party elects 4:01 If, after notice is given according to modify or amend this Agreement and gives notice to bargain in accordance with the Agreement3:02, the parties agree that they do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2018, either party may at any time after notify the other party in writing of a thirty (30) day period has elapsed from desire to submit the date on which specific issues in dispute to a Board of Arbitration and the notice to bargain was given mutually agree to invoke shall contain the provisions of Section 40 name of the Labour Relations Act. Each person appointed to such arbitration board by the party sending the notice. 4:02 The party receiving notice shall, within ten fifteen (1015) days after such a mutual agreement is effectedof receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee to the Arbitration Boardappointee. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between two appointees named by the parties to arbitration as contemplated by Section 40parties, notwithstanding the expiry of this Collective Agreement. 17.02 The two within fifteen (2) appointees so selected shall appoint within five (515) days of the appointment of the latter appointee second of them, shall appoint a third (3rd) member to the Board of Arbitration who shall be Chairperson. If either the Chairperson thereof. 4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board. 4:04 Where the party receiving notice fails to appoint an appointee a member of such arbitration board or if where the two (2) appointees of the parties fail to agree upon on the appointment of a Chairpersonthird member of such arbitration board within the time specified, the appointment shall be made Chief Justice of the Province of Manitoba, or in either event by his absence the Minister Chief Justice of Labour for Ontario the Court of Queen’s Bench, upon the request of either party. The Arbitration Board a party to this Collective Agreement, shall hear and determine the matter and shall issue appoint a decision setting forth the new Collective Agreement and the decision shall be final and binding upon the parties and any nurse affected by it. The decision member on behalf of the majority party failing to make the appointment, or shall be appoint a third member, as the decision case may be, and where the case requires shall appoint both. 4:05 Where either member appointed to the arbitration board or the Chairperson of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern. 17.03 Each of the parties shall bear the expenses of the appointee appointed by or for it and the parties shall share equally the expense of the Chairperson if any. 17.04 If a person arbitration board ceases to be a member of the Board of Arbitration by reason of his/her resignation, death or otherwise arbitration board before it has completed its workwork by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner: (a) With respect to the nominee to the board of either party, the party whose point of view was represented by such person shall within five (5) days appoint a new member in his/her place provided that if of the Chairperson is unable arbitration board within ten (10) days of the occurrence of the circumstances giving rise to carry out his/her duties the necessity of making a new appointment; (b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board; (c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both; (d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment. 4:06 The decision of the majority of the members of such arbitration board shall be appointed in accordance with the provisions decision of this Article such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board. 4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties. 4:08 Such arbitration board shall, within five thirty (530) days after the completion of his/her withdrawinghearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters. 17.05 4:09 The Board award or order of Arbitration such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall examine into and decide on matters that are in dispute and any other matters that appear to the Board necessary to be decided in order to conclude forthwith prepare a Collective Agreement between giving effect to the parties. In award; and the event that parties shall execute the provisions of this Article are invoked by the parties, then the provisions of this Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement. 4:10 Unless the arbitration board otherwise orders, the award shall remain in full force become effective as and effect beyond from the expiry date of this Collective Agreement until the effective date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the previous then current Collective Agreement.

Interest Arbitration. 17.01 In the event that either party elects 4:01 If, after notice is given according to modify or amend this Agreement and gives notice to bargain in accordance with the Agreement3:02, the parties agree that they do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2024, either party may at any time after notify the other party in writing of a thirty (30) day period has elapsed from desire to submit the date on which specific issues in dispute to a Board of Arbitration and the notice to bargain was given mutually agree to invoke shall contain the provisions of Section 40 name of the Labour Relations Act. Each person appointed to such arbitration board by the party sending the notice. 4:02 The party receiving notice shall, within ten fifteen (1015) days after such a mutual agreement is effectedof receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee to the Arbitration Boardappointee. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between two appointees named by the parties to arbitration as contemplated by Section 40parties, notwithstanding the expiry of this Collective Agreement. 17.02 The two within fifteen (2) appointees so selected shall appoint within five (515) days of the appointment of the latter appointee second of them, shall appoint a third (3rd) member to the Board of Arbitration who shall be Chairperson. If either the Chairperson thereof. 4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board. 4:04 Where the party receiving notice fails to appoint an appointee a member of such arbitration board or if where the two (2) appointees of the parties fail to agree upon on the appointment of a Chairpersonthird member of such arbitration board within the time specified, the appointment shall be made Chief Justice of the Province of Manitoba, or in either event by their absence the Minister Chief Justice of Labour for Ontario the Court of Queen’s Bench, upon the request of either party. The Arbitration Board a party to this Collective Agreement, shall hear and determine the matter and shall issue appoint a decision setting forth the new Collective Agreement and the decision shall be final and binding upon the parties and any nurse affected by it. The decision member on behalf of the majority party failing to make the appointment, or shall be appoint a third member, as the decision case may be, and where the case requires shall appoint both. 4:05 Where either member appointed to the arbitration board or the Chairperson of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern. 17.03 Each of the parties shall bear the expenses of the appointee appointed by or for it and the parties shall share equally the expense of the Chairperson if any. 17.04 If a person arbitration board ceases to be a member of the Board of Arbitration by reason of his/her resignation, death or otherwise arbitration board before it has completed its workwork by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner: (a) With respect to the nominee to the board of either party, the party whose point of view was represented by such person shall within five (5) days appoint a new member in his/her place provided that if of the Chairperson is unable arbitration board within ten (10) days of the occurrence of the circumstances giving rise to carry out his/her duties the necessity of making a newappointment; (b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board; (c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in their absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both; (d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of hisappointment. 4:06 The decision of the majority of the members of such arbitration board shall be appointed in accordance with the provisions decision of this Article such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board. 4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties. 4:08 Such arbitration board shall, within five thirty (530) days after the completion of his/her withdrawinghearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters. 17.05 4:09 The Board award or order of Arbitration such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall examine into and decide on matters that are in dispute and any other matters that appear to the Board necessary to be decided in order to conclude forthwith prepare a Collective Agreement between giving effect to the parties. In award; and the event that parties shall execute the provisions of this Article are invoked by the parties, then the provisions of this Collective Agreement and deliver, eachto the other, a copy of the executed Collective Agreement. 4:10 Unless the arbitration board otherwise orders, the award shall remain in full force become effective as and effect beyond from the expiry date of this Collective Agreement until the effective date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the previous then current Collective Agreement.

Interest Arbitration. 17.01 In 4:01 If the event that parties do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before March 31, 2011, either party elects may notify the other party in writing of a desire to modify or amend this Agreement submit the specific issues in dispute to a Board of Arbitration and gives the notice to bargain in accordance with shall contain the Agreement, the parties agree that they may at any time after a thirty (30) day period has elapsed from the date on which notice to bargain was given mutually agree to invoke the provisions of Section 40 name of the Labour Relations Act. Each person appointed to such arbitration board by the party sending the notice. 4:02 The party receiving notice shall, within ten fifteen (1015) days after such a mutual agreement is effectedof receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee to the Arbitration Boardappointee. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between two appointees named by the parties to arbitration as contemplated by Section 40parties, notwithstanding the expiry of this Collective Agreement. 17.02 The two within fifteen (2) appointees so selected shall appoint within five (515) days of the appointment of the latter appointee second of them, shall appoint a third (3rd) member to the Board of Arbitration who shall be Chairperson. If either the chairperson thereof. 4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board. 4:04 Where the party receiving notice fails to appoint an appointee a member of such arbitration board or if where the two (2) appointees of the parties fail to agree upon on the appointment of a Chairpersonthird member of such arbitration board within the time specified, the appointment shall be made Chief Justice of the Province of Manitoba, or in either event by his absence the Minister Chief Justice of Labour for Ontario the Court of Queen’s Bench, upon the request of either party. The Arbitration Board a party to this Collective Agreement, shall hear and determine the matter and shall issue appoint a decision setting forth the new Collective Agreement and the decision shall be final and binding upon the parties and any nurse affected by it. The decision member on behalf of the majority party failing to make the appointment, or shall be appoint a third member, as the decision case may be, and where the case requires shall appoint both. 4:05 Where either member appointed to the arbitration board or the chairperson of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern. 17.03 Each of the parties shall bear the expenses of the appointee appointed by or for it and the parties shall share equally the expense of the Chairperson if any. 17.04 If a person arbitration board ceases to be a member of the Board of Arbitration by reason of his/her resignation, death or otherwise arbitration board before it has completed its workwork by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner: (a) With respect to the nominee to the board of either party, the party whose point of view was represented by such person shall within five (5) days appoint a new member in his/her place provided that if of the Chairperson is unable to carry out his/her duties a new Chairperson shall be appointed in accordance with the provisions of this Article arbitration board within five ten (510) days of his/her withdrawingthe occurrence of the circumstances giving rise to the necessity of making a new appointment; (b) With respect to the chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new chairperson of such arbitration board; (c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both; (d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment. 17.05 4:06 The Board decision of Arbitration the majority of the members of such arbitration board shall examine into be the decision of such arbitration board; and decide on matters that are if there is no majority decision, the decision of the chairperson shall be the decision of such arbitration board. 4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the chairperson shall be shared equally between the parties. 4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and any other matters that appear the arbitration board shall be limited to those matters. 4:09 The award or order of such arbitration board is binding on the Board necessary to be decided in order to conclude parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement between giving effect to the parties. In award; and the event that parties shall execute the provisions of this Article are invoked by the parties, then the provisions of this Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement. 4:10 Unless the arbitration board otherwise orders, the award shall remain in full force become effective as and effect beyond from the expiry date of this Collective Agreement until the effective date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the previous then current Collective Agreement.

Interest Arbitration. 17.01 In the event that either party elects 4:01 If, after notice is given according to modify or amend this Agreement and gives notice to bargain in accordance with the Agreement3:02, the parties agree that they do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before May 31, 2021, either party may at any time after notify the other party in writing of a thirty (30) day period has elapsed from desire to submit the date on which specific issues in dispute to a Board of Arbitration and the notice to bargain was given mutually agree to invoke shall contain the provisions of Section 40 name of the Labour Relations Act. Each person appointed to such arbitration board by the party sending the notice. 4:02 The party receiving notice shall, within ten fifteen (1015) days after such a mutual agreement is effectedof receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee to the Arbitration Boardappointee. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between two appointees named by the parties to arbitration as contemplated by Section 40parties, notwithstanding the expiry of this Collective Agreement. 17.02 The two within fifteen (2) appointees so selected shall appoint within five (515) days of the appointment of the latter appointee second of them, shall appoint a third (3rd) member to the Board of Arbitration who shall be Chairperson. If either the Chairperson thereof. 4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board. 4:04 Where the party receiving notice fails to appoint an appointee a member of such arbitration board or if where the two (2) appointees of the parties fail to agree upon on the appointment of a Chairpersonthird member of such arbitration board within the time specified, the appointment shall be made Chief Justice of the Province of Manitoba, or in either event by their absence the Minister Chief Justice of Labour for Ontario the Court of Queen’s Bench, upon the request of either party. The Arbitration Board a party to this Collective Agreement, shall hear and determine the matter and shall issue appoint a decision setting forth the new Collective Agreement and the decision shall be final and binding upon the parties and any nurse affected by it. The decision member on behalf of the majority party failing to make the appointment, or shall be appoint a third member, as the decision case may be, and where the case requires shall appoint both. 4:05 Where either member appointed to the arbitration board or the Chairperson of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern. 17.03 Each of the parties shall bear the expenses of the appointee appointed by or for it and the parties shall share equally the expense of the Chairperson if any. 17.04 If a person arbitration board ceases to be a member of the Board of Arbitration by reason of his/her resignation, death or otherwise arbitration board before it has completed its workwork by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner: (a) With respect to the nominee to the board of either party, the party whose point of view was represented by such person shall within five (5) days appoint a new member in his/her place provided that if of the Chairperson is unable arbitration board within ten (10) days of the occurrence of the circumstances giving rise to carry out his/her duties the necessity of making a new appointment; (b) With respect to the Chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new Chairperson of such arbitration board; (c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in their absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both; (d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment. 4:06 The decision of the majority of the members of such arbitration board shall be appointed in accordance with the provisions decision of this Article such arbitration board; and if there is no majority decision, the decision of the Chairperson shall be the decision of such arbitration board. 4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the Chairperson shall be shared equally between the parties. 4:08 Such arbitration board shall, within five thirty (530) days after the completion of his/her withdrawinghearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and the arbitration board shall be limited to those matters. 17.05 4:09 The Board award or order of Arbitration such arbitration board is binding on the parties, and the parties, upon receipt of the award, shall examine into and decide on matters that are in dispute and any other matters that appear to the Board necessary to be decided in order to conclude forthwith prepare a Collective Agreement between giving effect to the parties. In award; and the event that parties shall execute the provisions of this Article are invoked by the parties, then the provisions of this Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement. 4:10 Unless the arbitration board otherwise orders, the award shall remain in full force become effective as and effect beyond from the expiry date of this Collective Agreement until the effective date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the previous then current Collective Agreement.

Interest Arbitration. 17.01 In 4:01 If the event that parties do not arrive at a revision of this Collective Agreement, or a new Collective Agreement, on or before March 31, 2014, either party elects may notify the other party in writing of a desire to modify or amend this Agreement submit the specific issues in dispute to a Board of Arbitration and gives the notice to bargain in accordance with shall contain the Agreement, the parties agree that they may at any time after a thirty (30) day period has elapsed from the date on which notice to bargain was given mutually agree to invoke the provisions of Section 40 name of the Labour Relations Act. Each person appointed to such arbitration board by the party sending the notice. 4:02 The party receiving notice shall, within ten fifteen (1015) days after such a mutual agreement is effectedof receiving the notice, name the person whom it appoints to the Board of Arbitration and shall advise the other party of the name of its appointee to the Arbitration Boardappointee. The enactment of a mutual agreement to submit to arbitration read in conjunction with this Article shall create an irrevocable agreement in writing to refer all matters remaining in dispute between two appointees named by the parties to arbitration as contemplated by Section 40parties, notwithstanding the expiry of this Collective Agreement. 17.02 The two within fifteen (2) appointees so selected shall appoint within five (515) days of the appointment of the latter appointee second of them, shall appoint a third (3rd) member to the Board of Arbitration who shall be Chairperson. If either the chairperson thereof. 4:03 No person who has a pecuniary interest in a matter before such arbitration board or who is acting or has, within a period of one (1) year prior to the date of such notice of desire to submit the matter to arbitration is given, acted as solicitor, counsel or agent of any of the parties to the arbitration, shall be eligible for appointment as a member of such arbitration board or shall act as a member of such arbitration board. 4:04 Where the party receiving notice fails to appoint an appointee a member of such arbitration board or if where the two (2) appointees of the parties fail to agree upon on the appointment of a Chairpersonthird member of such arbitration board within the time specified, the appointment shall be made Chief Justice of the Province of Manitoba, or in either event by his absence the Minister Chief Justice of Labour for Ontario the Court of Queen’s Bench, upon the request of either party. The Arbitration Board a party to this Collective Agreement, shall hear and determine the matter and shall issue appoint a decision setting forth the new Collective Agreement and the decision shall be final and binding upon the parties and any nurse affected by it. The decision member on behalf of the majority party failing to make the appointment, or shall be appoint a third member, as the decision case may be, and where the case requires shall appoint both. 4:05 Where either member appointed to the arbitration board or the chairperson of the Arbitration Board, but if there is no majority the decision of the Chairperson shall govern. 17.03 Each of the parties shall bear the expenses of the appointee appointed by or for it and the parties shall share equally the expense of the Chairperson if any. 17.04 If a person arbitration board ceases to be a member of the Board of Arbitration by reason of his/her resignation, death or otherwise arbitration board before it has completed its workwork by reason of such person refusing to act, being incapable of acting, being disqualified, or dies, a new member shall be appointed in the following manner: (a) With respect to the nominee to the board of either party, the party whose point of view was represented by such person shall within five (5) days appoint a new member in his/her place provided that if of the Chairperson is unable to carry out his/her duties a new Chairperson shall be appointed in accordance with the provisions of this Article arbitration board within five ten (510) days of his/her withdrawingthe occurrence of the circumstances giving rise to the necessity of making a new appointment; (b) With respect to the chairperson, the remaining members of such arbitration board shall within ten (10) days of the circumstances, appoint a new chairperson of such arbitration board; (c) Where the party whose original nominee ceases to be a member fails to appoint a new member of such arbitration board, or where the two appointees of the parties fail to agree on appointment of a third member of such arbitration board within the time specified in paragraph (a) or (b) hereof, the Chief Justice of the Province of Manitoba, or in his absence, the Chief Justice of the Court of Queen’s Bench, upon the request of a party to this Collective Agreement, shall appoint a member on behalf of the party failing to make an appointment or shall appoint a third member, as the case may be, and where the case requires, shall appoint both; (d) A new member of such arbitration board appointed in the manner aforesaid shall stand in the place and stead of the original appointee and shall exercise full powers as a member of the arbitration board from the time of his appointment. 17.05 4:06 The Board decision of Arbitration the majority of the members of such arbitration board shall examine into be the decision of such arbitration board; and decide on matters that are if there is no majority decision, the decision of the chairperson shall be the decision of such arbitration board. 4:07 Each party to the arbitration shall be responsible for the costs and expenses of its appointee to such arbitration board and the costs and expenses of the chairperson shall be shared equally between the parties. 4:08 Such arbitration board shall, within thirty (30) days after the completion of hearings, or within such longer period as may be agreed upon by the parties in writing, make its award. The issues in dispute referred in writing to such arbitration board shall consist of the specific matters on which agreement cannot be reached and any other matters that appear the arbitration board shall be limited to those matters. 4:09 The award or order of such arbitration board is binding on the Board necessary to be decided in order to conclude parties, and the parties, upon receipt of the award, shall forthwith prepare a Collective Agreement between giving effect to the parties. In award; and the event that parties shall execute the provisions of this Article are invoked by the parties, then the provisions of this Collective Agreement and deliver, each to the other, a copy of the executed Collective Agreement. 4:10 Unless the arbitration board otherwise orders, the award shall remain in full force become effective as and effect beyond from the expiry date of this Collective Agreement until the effective date of the new Collective Agreement is determined by the Board of Arbitration. The Board of Arbitration shall provide that the new Collective Agreement shall be fully retroactive to the expiry date of the previous then current Collective Agreement.