The applicant employer referred a grievance to arbitration under section 124 of the Labour Relations Act, seeking to recover approximately $14,000 in room and board allowances allegedly improperly paid to a former employee.
The respondent union raised preliminary objections, including that the grievance was untimely.
The Board found that the employer had delayed considerably in filing the grievance, having first pursued criminal charges and civil litigation before turning to arbitration.
The Board declined to exercise its discretion under section 44(6) of the Act to extend the time limits, upholding the union's preliminary objection and dismissing the application.
