New Glasgow (Town of) v Police Assn of Nova Scotia (PANS), Local 103

The Grievor was removed from a position of acting second in command of a platoon. He grieved this removal. the Board found the Grievor had occupied and was improperly removed from it and therefore ordered the Employer to comply with the Collective Agreement and permit the Grievor to have grievance heard (Decision 83-001). On application to the Provincial Supreme Court the disciplinary decision was quashed but review of the arbitration award was refused. The Grievor then initiated this grievance claiming benefits equal to what he would have received as acting second in command plus interest. The Employer argues res judicata and lack of timeliness. The Union argues the issue is not the same and the time limits were adhered to. The Board agreed to hear these preliminary objections before hearing the merits