The complainant filed a section 68 complaint against the union regarding its decision not to take his discharge grievance to arbitration.
The union and the employer brought a preliminary motion to dismiss the complaint due to a nine-month delay in filing.
The Board dismissed the preliminary motion, finding that the delay was not extreme enough to cause severe prejudice to the respondents' ability to mount a defence or to their collective bargaining relationship.
The matter was directed to be relisted for a hearing on the merits.
