K. C. O'Neil

The applicant union referred a grievance to arbitration under section 124 of the Labour Relations Act concerning a work assignment dispute.

The employer raised a preliminary objection that the grievance was untimely under the collective agreement.

The Board found that the grievance was untimely, as it was filed more than 60 days after the disputed work was completed.

However, the Board exercised its discretion under section 44(6) of the Act to extend the time limits, finding that the delay was caused by a reasonable mistake regarding the proper grieving party, the employer was aware of the ongoing dispute, and resolving the grievance would benefit the parties' relationship.