The employer brought a preliminary motion to dismiss six individual grievances regarding overtime distribution on the basis that they were referred to arbitration 16 days beyond the collective agreement's time limits.
The union requested an extension of time under section 48(16) of the Labour Relations Act.
The arbitrator applied the factors from Becker Milk and Greater Niagara General Hospital, finding that the union was responsible for the delay but that the 16-day delay was minimal and did not substantially prejudice the employer's ability to prepare its case.
The arbitrator exercised his discretion to extend the time limits and dismissed the employer's motion, allowing the grievances to proceed to a hearing on the merits.
