The union filed construction industry grievances against two employers for failing to pay interest charges on late remittances to trust funds, as required by the collective agreement.
The employers raised preliminary objections, primarily arguing that the grievances were untimely.
The Board found that the trust fund administrator's 'dunning letters' did not constitute formal grievances and that the actual grievances were filed well beyond the time limits specified in the collective agreement.
The Board declined to exercise its discretion under section 48(16) of the Labour Relations Act to extend the time limits, finding no reasonable grounds to do so, and dismissed the grievances in their entirety.
