13.01 Notice of the Union's intent to refer a grievance to arbitration shall be given in writing to the Employer within fifteen (15) working days of the outcome of Step Four of the Grievance Procedure. Such notice shall contain the name of the Union's nominee to the Arbitration Board. The Employer shall within ten (10) working days inform the Union of its nominee to the Arbitration Board.
13.02 The two nominees so appointed shall attempt to select a Chairperson for the Board, but if they are unable to agree upon the selection within a period of fifteen (15) working days after the appointment of the second nominee, either party may request the Minister of Labour to appoint a Chairperson for the Arbitration Board.
13.03 (a) A Board of Arbitration shall not have the authority to make any decision which is inconsistent with the terms of this Agreement, nor alter or amend any of the provisions of this Agreement.
(b) The Board shall have jurisdiction to determine whether a grievance is arbitrable.
(c) In the event that a Board of Arbitration deals with a matter relating to discharge, suspension or disciplinary action, then the Board has the authority to reinstate an employee with or without full or partial compensation for wages and any other benefits lost.
13.04 The decision of the Board of Arbitration shall be final and binding upon the parties. The decision shall be unanimous or one reached by a majority of the members of the Board; provided, however, that if there is no majority decision of the Board then the decision of the Chairperson shall constitute the final and binding decision of the Board.
13.05 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.
13.06 No person shall be selected as a nominee or Chairperson who has been involved in an attempt to negotiate or settle the grievance in process.
13.07 No matter may be submitted to Arbitration which has not been carried through the steps of the Grievance Procedure set out herein.
13.08 Time limits set forth in this Article may be extended by mutual agreement in writing between the parties hereto.
13.09 Notwithstanding Article 12.06, both parties agree that if an Arbitrator determines that reasonable cause has been shown for a violation of time limits, the Arbitrator may hear the grievance.