The union referred a construction industry grievance to arbitration, alleging the employer improperly laid off three employees and failed to recall them following a job site accident.
The employer raised preliminary objections that the grievance was untimely and failed to disclose a prima facie case.
The Board found that while the grievance was filed late, the employer waived its right to object to timeliness by engaging in settlement discussions without reserving its rights.
The Board also held that the collective agreement contained no right of recall, dismissing that aspect of the grievance, but found a prima facie case existed regarding the union's claim that the layoff itself was arbitrary or in bad faith.
