Does a bargaining agent have a valid reason to delay filing a grievance?
Canada (Federal), Canada
The following excerpt is from Bowden v. Treasury Board (Canada Border Services Agency), 2021 FPSLREB 93 (CanLII):
The bargaining agent did not present clear, cogent, and compelling reasons to justify the untimely filing of the grievance. Ongoing discussions between a bargaining agent and the employer do not suspend the time limit, unless the parties expressly agree. Ongoing discussions to resolve a labour relations issue are not a clear, cogent, and compelling reason for a delay; see Tuplin v. Canada Revenue Agency, 2021 FPSLREB 29 at para. 56.
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