At the first scheduled date of a grievance arbitration, the employer brought a motion to commence the hearing immediately.
The union opposed the motion, relying on the established practice at the Grievance Settlement Board to use the first date for mediation, case management, and preliminary issues before adjourning.
The arbitrator dismissed the employer's motion, finding that while the employer's desire for efficiency was justifiable, the established practice ought to prevail because the employer had not clearly put the union on notice in advance of its intention to move to commence the hearing.
