Employer's request for reconsideration of remedy order in duty of fair representation complaint dismissed.
The employer, Cott Beverages, requested reconsideration of a Board decision that ordered the union to take the applicant's discharge grievance to arbitration and ordered the employer to waive any time limits.
The employer argued it was not a party to the duty of fair representation complaint and did not receive adequate notice that a remedy could be awarded against it.
The Board dismissed the request for reconsideration, finding that the employer had sufficient notice of the proceedings and the potential for a remedy affecting its interests, but chose not to participate.
The Board affirmed its jurisdiction to order an employer to waive time limits in order to provide a meaningful remedy for a union's breach of the duty of fair representation.
William Hill Jr. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers, Local 938, 1995 CanLII 10038