Is an employer permitted to respond to a union grievance by acknowledging that there has been a breach of the collective agreement?
Ontario, Canada
The following excerpt is from International Association of Machinists and Aerospace Workers, District Lodge 78 (Martin) v Ontario (Metrolinx), 2019 CanLII 12524 (ON GSB):
To similar effect was Re Air Canada v. C.A.L.E.A. (1980) 27 LAC (2d) 405 (Weatherill) where, during the grievance procedure, the employer formally replied to the grievance by acknowledging that there had been a “violation” of the collective agreement. At arbitration the employer sought to contest whether the collective agreement had in fact been violated and the Union objected.
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