The union referred a grievance to the Ontario Labour Relations Board alleging the employer violated the collective agreement regarding commuting and travel allowances.
The employer raised a preliminary objection that the union was estopped from bringing the grievance due to a long-standing past practice of paying mileage rather than board allowance for Timmins area residents on local jobs.
The Board applied the doctrine of estoppel by conduct, finding that the union had accepted this practice during the renegotiation of the collective agreement.
The grievance was dismissed.
