
The grievors contested the employer’s decision to impose a 10-day suspension – the grievances were transmitted to the third level of the grievance process after the time limits provided for in the collective agreement expired – the employer objected to the jurisdiction of an adjudicator to hear and decide the grievances because the grievances were untimely – the grievors responded that although the employer noted the issue of timeliness at the final level of the grievance process, it did not reject the grievances for that reason, as was required, and instead chose to address the grievances on their merits – the adjudicator held that the employer had deemed the grievances abandoned following their late submission to the third level of the grievance process – section 63 of the Public Service Labour Relations Board Regulations applied, and the employer had in fact rejected the grievances on the basis of timeliness, even though it had also addressed the merits.
Objection allowed.
Grievances denied.