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.
