Grievance referral dismissed as parties had verbally waived the settlement's reinstatement requirement.
The union referred a construction industry grievance to the Board, alleging that the employer failed to comply with a settlement agreement by not reinstating two grievors.
The Board found that the parties had amended the settlement during a telephone conversation, waiving the employer's obligation to reinstate the grievors on the specified date.
The employer had offered to reinstate them, but the union indicated it was not necessary.
The union subsequently failed to refer the grievors to the project when requested by the employer.
The Board concluded there was no violation of the settlement and dismissed the application.
International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, Local 721 v. Comstock Canada Ltd., 2001 CanLII 18445