In Regional Authority of Greater North Central Francophone Education, Region No. 2 v. C.E.P., Local 777, 2011 CarswellAlta 1468, the union gave verbal notice of its intent to refer a grievance to arbitration within the specified time limits but confirmed it in writing outside of the time lines. The employer argued that the union was out of time. The arbitrator noted that the collective agreement provision did not specify the need for a written notification, whereas other notices were expressly required to be in writing. He held that had the parties intended that notice of intent to refer to arbitration also had to be in writing, they would have said so.
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