The grievor, a Communication Instructor, alleged that the employer was estopped from enforcing the strict 40-hour work week provision of the collective agreement because she had been allowed a one-hour lunch break for several years.
The Grievance Settlement Board found that while the grievor had been granted an indulgence through error or inadvertence by her supervisors, this did not amount to a representation by the employer to the union that it intended to suspend its strict legal rights.
Furthermore, there was no detrimental reliance by the union.
The grievance was dismissed.
