Ivar Starasts

The applicant employer referred a grievance to arbitration under section 124 of the Labour Relations Act, seeking to recover approximately $14,000 in room and board allowances allegedly improperly paid to a former employee.

The respondent union raised preliminary objections, including that the grievance was untimely.

The Board found that the employer had delayed considerably in filing the grievance, having first pursued criminal charges and civil litigation before turning to arbitration.

The Board declined to exercise its discretion under section 44(6) of the Act to extend the time limits, upholding the union's preliminary objection and dismissing the application.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 124 of the Labour Relations Act, claiming retroactive room-and-board allowance for a worker at the Darlington construction project.

The worker had delayed filing the grievance for nearly three years despite being aware of the employer's refusal to pay the allowance.

The Board dismissed the grievance on the preliminary ground of laches, finding that the unjustified delay prejudiced the employer and that the worker had not been lulled into inaction by the employer's representations.

The applicant union referred a grievance to the Board alleging that the grievor was discharged without just cause.

The employer terminated the grievor for failing to report his absence for three consecutive days, pursuant to a company rule.

The grievor had been injured at work prior to the absences and had reported sick on the first day, but failed to provide an expected return date or report on subsequent days.

The Board found that while the grievor breached the reporting rule, discharge was too severe a penalty given the employer's knowledge of his recent workplace injury.

The Board exercised its discretion to substitute the discharge with a six-week suspension without pay.