Safety & HCM Post

Union Loses Termination Case because It Took Too Long to Name Arbitrator

After an employee was fired for allegedly assaulting a co-worker, the union filed a grievance the very next day. But it took the union 26 months to actually appoint the doggone arbitrator. The employer said the delay was too long and asked the arbitrator to dismiss the case. The Alberta arbitrator agreed. Two things were clear: 26 months was an excessive delay and the union’s procrastination was responsible for it. The only question was whether the delay prejudiced, i.e., hurt the employer’s case. I’m not a big fan of the idea that prejudice is based on the passage of time, “there comes a point where the amount of time passed becomes so excessive” that it does real damage to the memories of the witnesses. This case has reached that point, the arbitrator concluded [Sofina Food Inc. v United Food & Commercial Workers Union, Local 401, 2019 CanLII 28156 (AB GAA), March 17, 2019].

Bongarde Editorial

Bongarde Editorial

Leave Comment

Sign up to our FREE Safety & HCM newsletter