The union brought a preliminary motion arguing that the discipline imposed on the grievor was void ab initio because the employer failed to comply with article 26.3 of the collective agreement.
The grievor was called to a meeting where he was handed a notice of intended discipline without prior notice of the meeting's purpose or his right to union representation.
The Grievance Settlement Board found that the meeting triggered article 26.3 and that the employer breached the provision by failing to provide advance notice.
The discipline was declared void ab initio and the employer was directed to compensate the grievor.
